Is My Father Obligated to Pay the Mortgage?

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I thought my father cosigned for the mortgage on my home, but when he passed away in Aug of 2014, Wells Fargo told me that I was the only one on the deed. Both my name and his name are on the deed. In his will he states he wants his financial debts paid, and he has the means to pay it off, but my sister who is the executor is fighting me on this. Since I am the only one on the deed is he entitled to pay the loan off?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

That’s a potentially a tough question, since it probably depends on what your father intended when he said “my debts.” Did he think you were on the mortgage, too, and that it would become your debt? Or did he know the mortgage was his alone, and intend it be paid from his other assets?

Unfortunately, you can’t ask your father, anymore. If you and your sister/executor can’t come to an agreement, this may end up a dispute in probate court. My advice: try to come to an agreement.

One thing I am sure of is that the bank still needs to get paid. Even though you’re not named on the loan, they can still foreclose on the house if payments aren’t being made, so be sure to work that out so you don’t have two problems instead of one.



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Author: House Attorney