Dublin, GA asked in Real Estate Law, Banking and Probate for Georgia

Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any mortgages that cover property must be paid or the property will face foreclosure. Schedule a free consultation to work out all of the details, as there are some outstanding issues that need to be addressed.

Peter J. Weinman and Jennifer Pierce agree with this answer

Jennifer Pierce
Jennifer Pierce
Answered
  • Estate Planning Lawyer
  • Johns Creek, GA
  • Licensed in Georgia

A: Regarding your legal obligation on the mortgage: if you were not a party to the loan, or did not otherwise assume the loan, then you are not personally responsible for repayment. However, as noted by Mr. Clifton, the mortgage still needs to be paid or the bank will foreclose.

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