Q: When my mother dies will I be able to live in her house even if she still owes on her mortgage

A: To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:

1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is valid and goes through probate successfully.

2. Existing mortgage: When you inherit a property with an existing mortgage, you also inherit the responsibility for that mortgage. The loan doesn't automatically disappear or get forgiven upon the death of the borrower.

3. Due-on-sale clause: Most mortgages contain a due-on-sale clause, which allows the lender to demand full repayment of the loan when the property changes ownership. However, federal law (the Garn-St. Germain Act) provides an exception for transfers to relatives resulting from the death of the borrower.

4. Your options: After inheriting the property, you generally have a few options:

a) Assume the mortgage: You may be able to assume the existing mortgage and continue making the monthly payments.

b) Refinance: You could refinance the mortgage into your own name.

c) Pay off the mortgage: If you have the means, you could pay off the remaining balance.

d) Sell the property: You could sell the house to pay off the mortgage and keep any remaining equity.

5. Continuing to live in the house: As long as the mortgage payments are being made, you should be able to continue living in the house. The key is to communicate with the mortgage lender after your mother's passing to arrange for the continuation of payments.

6. Probate process: Be aware that the house may need to go through probate before you can officially take ownership, which can take some time.

In summary, yes, you should be able to continue living in the house after your mother passes away, provided you can manage the mortgage payments and work with the lender to transfer the loan or make other arrangements.

However, it's important to note that inheritance and mortgage laws can be complex. It would be advisable to consult with a California probate attorney or a real estate lawyer familiar with inheritance issues to get specific advice tailored to your situation.