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Posted over 1 year ago.

Thank you for your answer. I am not executor of the estate as there is no other estate other than this property. We purposely worded the deed to include " joint tenants" to avoid having to go through probate. I plan on continuing to pay on the mortgage as it only has 5 years left on it. Do I need to become executor , because this is another expense i can not afford?

Etienne Michel Font
Etienne Michel Font, Insurance Law Lawyer - Knoxville, TN
Posted over 1 year ago.

I presume your father died intestate (without a will), but probate is more than just dividing the estate, it also serves to clear debts. The mortgage is a debt he had. The mortgage company cannot go after anyone not listed on the mortgage, but they can take the house. If you do not clear this matter in the proper way, they may create issues with your property that will be infinitely more costly than retaining a probate lawyer to clear his estate. Because of the size of the estate you may be able to find a probate lawyer who will charge a small flat fee for handling the estate. In the end you will have to have the mortgage in your name. I don’t think that once the mortgage company figures out that your father died that they will let it continue for five more years. Review the mortgage document to see if there is any section which talks about the death of the mortgagor. Some companies sell life insurance on the mortgagor to clear the mortgage in case of death and make that part of the payments. This matter is very complicated but I would at least contact a probate lawyer in your area and discuss it to see if you have any other recourse in the matter. You want to meet someone face to face so they can review your documents. Otherwise all we can do is give you vague advice. Good luck.