I am the PR or executor of my mothers will. I entered into probate as there is a house to consider in the mix. I am no longer able to make payments and thought I would have time before forclosure but did not. Will I and my siblings be liable for any part of the unpaid mortgage? will it affect our credit?
ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU:
Only the estate is responsible for mortgage payments. There will be no effect to the credit scores of the beneficiaries or the personal representative (or executor).
The Personal Representative is responsible for preventing waste of the assets. If there are no other assets to pay the mortgage and PR made reasonable efforts to prevent the home going into foreclosure, then the PR will not be held to have breached his fiduciary duty.
You may wish to consult with a real estate attorney to see if the foreclosure sale can be stopped so that you can sell the home yourself. Typically you will get a much higher value for the home if you sell it yourself and you avoid having to pay for the legal expenses of the bank.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.