How can I become executor for my mom’s estate so I can take over her mortgage?
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How can I become executor for my mom’s estate so I can take over her mortgage?
My mom passed in September and the
Mortgage company will not disclose
anything because I’m not the
executor
Asked on January 30, 2018 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) You need the probate court to appoint you as the "personal representative" of her estate: contact the probate court clerk's office in the county in which she lived, explain you are her child, let them know if there is or is not a will (the process is different, depending on whether there is a will) and ask how to apply to be appointed personal represenative (which may also be called executor if there is a will, or adminstrator if there is no will).
2) Note that there is no right to take over another's mortgage--even for an executor or an heir. A mortgage is personal to the person(s) who took it out, and the bank has the right to call it due in its entirety when that person dies. They could choose to let you take it over, but are not required to; they could also require you to refinance it in your own name.
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