Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

A: Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be sold. If it is in a trust, the trustee may be able to sell it faster. In either case, the trustee or the executor/administrator will have a say in the amount you will need to pay to stay in the house pending the sale. Whoever will be handling the trust or estate should hire an attorney, who will be paid by the trust or estate. If you want to fully understand the position you are in and the options, invest in a legal consultation.

A: I would say that is a pretty common arrangement. In lieu of “rent” you would pay the mortgage and utilities. Of course this is a general answer and each situation is unique. If the mortgage is significantly more than fair market value rent than perhaps some other arrangement would be more fair to everybody. Again, each case is unique and fact specific!

Good luck!

A: Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold. If you are living in the house, it does not automatically obligate you to assume the mortgage payments, unless specifically stated in a legal agreement or will. The estate should handle the mortgage payments during the probate process, which is the legal process of distributing the deceased's assets.

However, if the estate does not have sufficient funds to cover the mortgage or if the mortgage payments are not made, the bank could initiate foreclosure on the property. This situation might prompt an agreement among heirs to keep the mortgage current to prevent losing the property. While you're living in the house, your siblings may expect you to contribute to or cover the mortgage payments, viewing it as a form of rent or contribution to the estate's preservation.

In families, these matters can often lead to disputes, and it might be wise to negotiate an agreement that is fair to all parties involved, possibly with the help of mediation. If the property is to be sold and proceeds divided, it could be argued that all beneficiaries should share in the costs associated with maintaining the property until it's sold, including the mortgage payments. Legal advice may help clarify your rights and responsibilities in this situation and assist in reaching an equitable solution that acknowledges both your use of the property and the shared inheritance.

A: As stated by the other attorneys, it depends on quite a few factors. The main crux is who is entitled to ownership of the property. The bank wants to make sure they continue to receive payment on the mortgage even if the mortgagor has passed away.