A couple in California get married. Husband owns a business, wife has well paying job prior to the marriage. . Husband has a loan for business property to his mother. His payment history with her is sometimes 5 months between payments, then lump sum, but mostly every 30 days. Husband gets brain tumor and dies 11 months in to the marriage. Mortgage payments are in arrears 4 months on his date of death. The wife name was added to property prior to death. No trust or will. Wife has been making regular payments to lender (mother-in-law). Mother in law calls if she has not received payment the day after due date. Did the contract become modified when the lender accepted a deviated payment plan? Has the wife now created a contact with the lender because she has made payments?
Unless wife was added to the promissory note, she has no obligation to pay the mortgage. The husband's property should go through probate; creditors should be paid. "The business and property may have to be sold. Please consult an estate administration attorney re the opening of a probate estate and about the contract issues. As a widow, you have rights - and priority to be the executrix of your husband's estate.
1) "Did the contract become modified when the lender accepted a deviated payment plan?" No.
2) "Has the wife now created a contact with the lender because she has made payments?" No.
The widow would be very wise to retain probate counsel.
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