Home/Mortgage

Jeff Jeff

New Member
Jurisdiction
Maryland
My father passed away. He shared a house with his wife, who is now the only one on the deed and mortgage loan. Is there any requirement to pay my father's portion of the mortgage? Is it recommended that I pay nothing until the court approves the first and final account? Should I pay anything as the personal representative?
 
It's likely that they owned the home jointly with right of survivorship so it became hers at the moment of his death and is not part of his probate estate.

You can check the county property records to see how the deed was written before his death.

If my guess is right, then it's hers, you don't need to, or get to, do anything or pay anything. The court won't have anything to say about it.
 
It's likely that they owned the home jointly with right of survivorship so it became hers at the moment of his death and is not part of his probate estate.

You can check the county property records to see how the deed was written before his death.

If my guess is right, then it's hers, you don't need to, or get to, do anything or pay anything. The court won't have anything to say about it.


If I chose to help out with a portion of the mortgage, should I wait until the court approves the account?
 
If I chose to help out with a portion of the mortgage, should I wait until the court approves the account?
If YOU choose to help out, you would be doing it with your own money. Is your question actually if the estate can choose to help out?
 
Yes, exactly. Can the estate help? If so, should it be done after the court approves the account?
You have not given enough facts to determine if this would be acceptable. The fact that you need to ask this question here leads me to believe that there is a LOT that you don't know about administering an estate, and that could land you in financial hot water. You should probably consult with a local probate attorney.
 
You have not given enough facts to determine if this would be acceptable. The fact that you need to ask this question here leads me to believe that there is a LOT that you don't know about administering an estate, and that could land you in financial hot water. You should probably consult with a local probate attorney.


That is correct - I don't know much about this process, which is why I'm online trying to find new recourses. I'm learning a little more each day. I was thrown into this process very unexpectedly and overnight.
 
Married couples often own (and owe) everything jointly. Upon the death of one, everything automatically flows to the other and there is often nothing to probate. The mortgage becomes the responsibility of the surviving spouse.

What is in your father's estate that still needs to be probated? Did he own anything as his sole and separate property?

Another thing to understand is that there is an order in which estate assets must be used before heirs get theirs. At the top of the list is final expenses and paying creditors.

You can educate yourself by reading the Maryland probate statutes. Check out Titles 5 through 11.

2017 Maryland Code :: Estates and Trusts
 
My father passed away. He shared a house with his wife, who is now the only one on the deed and mortgage loan.

I'm curious about your use of the word "now." Was there a time when she wasn't "the only one on the deed and mortgage loan"?

Is there any requirement to pay my father's portion of the mortgage?

I'm not sure I understand the question. You said your father's wife's name is "the only one on the . . . mortgage loan." That being the case, what does "my father's portion" mean? Also, I've never heard of a mortgage loan that was broken into "portions." Almost certainly, there's a single loan, and if it doesn't get paid, the lender will foreclose.

Is it recommended that I pay nothing until the court approves the first and final account? Should I pay anything as the personal representative?

Nothing in your post suggests any reason why you would pay anything, but you should be seeking advice from your own attorney, not anonymous strangers on the internet, some of whom are not attorney and who may or may not know anything about Maryland law.

If I chose to help out with a portion of the mortgage, should I wait until the court approves the account?

Approves what account? Have you been appointed by the probate court as the executor of your father's estate?

Can the estate help?

We have no way of knowing because you've provided no relevant information about that, including who stands to receive money or other assets from the estate.
 
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