Estate Law Questions? Ask an Estate Lawyer.
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Am I legally responsible for any money or can they put a lein on my house?
No, as long as you haven't signed off on her mortgage as a co-signer, then you don't have any legal obligation for your mother's debts. The executor would be responsible for selling all assets of mother's estate and applying them to paying off her debts. If there are more debts than assets, then the remaining creditors just don't get paid.
But the heirs and the executor are not personally liable for the deceased's debts.
Because you are a legal heir to mother's estate and in order to cut off your rights to the property through her estate, you have to be notified and actually made a party to any foreclosure action so that when the property is foreclosed on and sold, the buyer can get clear title.
You aren't liable in any way, but they do have to extinguish your inheritance rights to the property by naming you as a defendant along with the estate and any other heirs.
You are very welcome. Glad to help.
Whether you would be able to pay off the mortgage and purchase it would be up to the executor, but I can't see any reason why they would object rather than just let it go to foreclosure sale.
But if you get your financing lined up before it goes to auction, you might actually be able to buy it at a foreclosure auction cheaper than by paying the mortgage off. The bank won't bid more than the amount owed on the mortgage so you really have nothing to lose by just bidding on it if you get your financing approved and ready.