Am I responsible for my father’s mortgage loan when he passes away?

UPDATED: Oct 1, 2022

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Am I responsible for my father’s mortgage loan when he passes away?

My father has a mortgage loan for a mobile home that is sitting on leased

property. As I am the executor of the will, am I responsible for the loan on the

mobile home or for the leased property that the home sits on?

Asked on February 21, 2018 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are NOT personally liable: you do not need to pay a single cent from your own funds.
You are responsible using *estate* funds (the money left behind by your father, if any) to pay any of his debts (and his final expenses, such as funeral expenses). You only have to do this if the creditors (people he owes money to, like the bank) put in claims or seek payment, but if they do, you have to try to pay them--again, at least up to the limits of the estate funds or money; once the money your father leaves behind is used up, it's done, and you do NOT have to use your own funds.
If the mortgage on the mobile home is not paid, the lender can foreclose and take it. If you want the mobile home and there are not enough estate funds to pay off the mortgage, you might choose to use your money to pay off the mortgage so you can keep the home--but that would be your voluntary choice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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