Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.
The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or are the beneficiaries who are due to inherit the house? The house is about to go into foreclosure.
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A: The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary might pay on note, taxes and insurance, but foreclosure will result if not paid currently. A motion for beneficiaries to immediately take the Will devise out of Estate assets might work if no large claims are made against the Estate. Foreclosure is against the Decedent.
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