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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33168
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Can a Last Will and Testament specify that a mortgage debt

Customer Question

Can a Last Will and Testament specify that a mortgage debt not to paid from the estate?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Yes, and if that is the case, then the person who receives the property subject to the mortgage would have to continue paying it, pay it off, or refinance in their own name or the bank would foreclose on it and sell it to pay the mortgage.


But under federal law, a bank can't call a mortgage due if the borrower dies and someone inherits the property and continues to pay the mortgage.





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