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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33562
Experience:  Estate Law Expert
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My son passed away suddenly without a will, he has a mortgage

Customer Question

my son passed away suddenly without a will, he has a mortgage on a house, the mortgage is more than the house is worth, do I keep making the mortgage payments on this property or do I walk away.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. You are under no obligation to pay the mortgage unless you "co-signed" on the note. The obligation for the mortgage passed to his estate at the time of his death. The mortgage is a debt, just as any other debt, and if there were any assets those would pass to the heirs subject to the debts of the estate. If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.