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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17441
Experience:  B.A.; M.B.A.; J.D.
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I was left to be the executor of my father's WILL, I am

Customer Question

Hi,
I was left to be the executor of my father's WILL, I am concerned about a couple things in the WILL because I am about to loose my parents home that they built. My father passed owing the bank a mortgage. In the WILL, Item I, it reads: I direct that all my just debts, secured and unsecured, be paid as soon as reasonable after my death, provided, however, I direct that my Executor may cause any debt to be carried, renewed and refinanced for its repayment as my Executor may deem advisable taking into consideration the best interest of the beneficiaries hereunder. Does this not mean that I am liable to continue paying the mortgage for the home??
Submitted: 3 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 3 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Customer: replied 3 months ago.
Thank You
Expert:  Phillips Esq. replied 3 months ago.

No, it does not mean that. However, if the home is deeded to you, you can continue to make the payments in order to keep the house. Otherwise, the mortgage can be foreclosed. In the alternative, after probate of the estate, the loan can be refinanced by the beneficiary of the house.

Customer: replied 3 months ago.
Okay, Thank YouMy father left the home to me in the WILL. The last page of the WILL states his "Specific Bequests" an he gives the home to me in that list of information.
Expert:  Phillips Esq. replied 3 months ago.

What is your question?

Customer: replied 3 months ago.
My question is. Since he left the home to me then should I be able to keep the home an continue paying for the home?
Expert:  Phillips Esq. replied 3 months ago.

Yes. The bank does not care who is making the payments so long as the payments are being made.

Customer: replied 3 months ago.
Okay, but they have started foreclosure on the home because they say that no one is liable to pay for the home.. If the home was left to me in the WILL then why am I not the one to be liable for repaying the mortgage?
Expert:  Phillips Esq. replied 3 months ago.

You are not liable for the loan because you are not the borrower. However, if the loan is being paid, I am not sure why the bank would be foreclosing.

Are the payments behind?

Customer: replied 3 months ago.
I WAS BEHIND IN NOVEMBER 2015 BUT I TALKED TO THE BANK AN THEY SAID IT WAS FINE FOR ME TO CONTINUE TO PAY THE PAYMENTS AN I COULD GET THE PAYMENTS UP TO DATE.
Expert:  Phillips Esq. replied 3 months ago.

If you can pay the amount in arears, the reinstatement amount, the foreclosure would stop.

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