As a widow, would I be responsible for a mortgage procured by my late husband and his two brothers. They say I am (note: they are both attor...

Question

As a widow, would I be responsible for a mortgage procured by my late husband and his two brothers. They say I am (note: they are both attorneys) and when the land is sold I will not receive any funds. I believe that my husband's estate is only responsible for one-third of this loan.

Answer

You would only be responsible for 1/3rd of the mortgage if you inherit his one-third interest. His estate may be responsible for the 1/3rd of the mortgage, but more information is needed. If the property was owned joint ownership as opposed to as tenants in common, then his brothers take the property subject to the mortgage.

You say you would get nothing when the property is sold, that does not tell me if the property is worth less than the debt or there is an ownership issue, such as is it owned as joint tenants.

I suggest you sit down with an attorney and go through all the facts so you can determine the best way to deal with the problem.

Answer

I agree with Attorney Roth that you should make an appointment with an attorney to discuss this in greater detail.

Your husband's brothers may be good folks, but it is also possible that they do not practice in real estate or do not understand this practice area, or, worse, they are attempting to take advantage of you.

You don't mention whether your name was on title to the property, or only the loan. If you are responsible for the estate as personal representative, I strongly recommend that you retain counsel to assist you.

Answer

I agree with both attorneys above. More information is needed. You really should sit down with an attorney, who can ask you the relevant questions, and get you appropriate answers.