If I am the Administer of the Estate for a deceased person and I sign a Modification on behalf of the deceased to reduce the interest rate on a current home loan that is past due will I be held liable for the loan?
Answer
Signing a modification on behalf of the estate will not make you personally liable for the home loan. Only the original parties to the Note and Mortgage will be liable.
Answer
I agree with attorney Goldberg; however, based on your question, it appears an estate has not been opened and that an attorney is not representing you as the administrator because this is a question you should ask your attorney. Have you opened an estate? If no, then you are not the administrator because an administrator is a person who has been appointed by the Court. If an estate has not been opened, you will not be signing the modification on behalf of the estate and yes, the bank will try to hold you personally liable. If you have any other questions, I can be reached at 312-372-5600.
Answer
If you have been issued "letters of administration" by the probate court, you should get a court order approving what you're doing. If you have NOT been issued "letters of administration", time to do so. Especially if you have no surety on your bond.
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