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What is widows obligation on private business mortgage loan?

Los Angeles, CA |

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?

Attorney Answers 2


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.

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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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