Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

If your home is not paid for at the time of your death -will

you be able to leave...
If your home is not paid for at the time of your death -will you be able to leave your money to other parties? Should should leave a will with assets under 100k and an unpaid mortgage?
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
8/26/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

1) What happens at one's death if there is still a mortgage is that this mortgage accelerates, meaning that it becomes due immediately. As such, the estate's representative may then: (a) pay it and then give the home to the beneficiaries of the estate, or (b) not pay, and allow the lender to foreclose on the home.

2) If there is no probate held, then a major creditor may force a probate matter. Technically, a lender may force a probate. However, the lender is more likely to simply foreclose on the home and call it the end for that matter.

3) As such, it is best to leave in one's Will the instructions of whether one wants to (a) have the estate pay for the home and pass the home on, or (b) not pay for the home and simply give the home back to the lender.

4) Now technically, if someone gets the home foreclosed upon, the lender can attack the estate after the foreclosure for the deficiency, which is the difference between the money that was owed and what the foreclosure sale brought. If so, then money LEFT in the estate may be attacked. However, many lenders generally do not pursue deficiency judgments against estates, as it gets very complicated and the litigation cost is not worth the return.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

The second question regarding the total assets and having a will?

Carol,

My apologies. I got so much into explaining the whole situation I did not specifically answer the second question. Please, allow me to remedy this now.

The second question regarding the total assets and having a will?

It is recommended to ask the executor of one's estate to pay off the creditors. Regardless, it is always BEST to leave a will, because if one does not, the payments shall be divided based on default statutes of succession - here - and may not be what you want.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
102,680 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,680 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My land is in litigation only l have a movable doublewide
my land is in litigation only l have a movable doublewide mobile home on the property. Can I be evicted off the property and is it legal to put a lock on my home where i cannot get to my personal cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a relative who had a property that was in foreclosure
I have a relative who had a property that was in foreclosure and attempting mediation but then he passed away. The foreclosure continued and then it was dismissed due to something with the note. Two y… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
My ex husband left me as beneficiary on his life insurance
my ex husband left me as beneficiary on his life insurance (2 claims) and his 401k. I was married to him 12 years. his new wife of two years was not left on anything and there was no will. Now nationw… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,022 satisfied customers
Can I add additional Beneficiaries after a Discretionary
Can I add additional Beneficiaries after a Discretionary Trust has been created … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
If a Will states that the beneficiaries are to receive.
If a Will states that the beneficiaries are to receive … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can a insurance agent be the beneficiary. Alabama. The
My husband brother was his agent and he is one of the beneficiary.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am a litigation secretary at a law firm and started on
I am a litigation secretary at a law firm and started on August 14, 2017 and was told verbally that I would need to go online and enroll in my medical benefits by September 7, 2017. At the end of Augu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Who presents the reading of the will to the beneficiaries
Who presents the reading of the will to the beneficiaries and is it done in the presence of all the beneficiaries?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
When a will has the spouse as a beneficiary with the
when a will has the spouse as a beneficiary with the survivorship period waved and there are other beneficiaries if the spouse dies, do the others need to be listed in filing probate? The wife is surv… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I was a trustee/defendant in a probate litigation. The
I was a trustee/defendant in a probate litigation. The plaintiff's attorney accused me of staging a burglary. The police in that jurisdiction conducted a thorough investigation and found that the burg… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
QUESTIONS FOR A TEXAS LITIGATION ATTORNEY We are the Country
QUESTIONS FOR A TEXAS LITIGATION ATTORNEYGood morning,We are the Hill Country Council on Alcohol and Drug Abuse, Inc. located in Kerrville, Texas. We provide treatment and other services such as colle… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a question for a lawyer that has Financial Litigation
I have a question for a lawyer that has Financial Litigation Unit expertise with Federal Restitutions. Thanks … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If your in litigation with a company and your have an
If your in litigation with a company and your have an employee related to the head of said company.Do you have to sever ties with your employee. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
My son is a beneficiary in a trust litigation, his sister
My son is a beneficiary in a trust litigation, his sister has an attorney and Jon has been representing himself. The offered a settlement and it is just ridiculous. He need an attorney in Administrati… read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x