Mortgage Payment after death

[arainfire]

What is the name of your state? Kansas

Hello, I my sister-in-law, from Kansas was recently divorced and her ex agreed to pay the 2nd mortgage on the house. He has now passed away; who is responsible for paying the 2nd mortgage? His estate???
Thanks al

[moburkes]

Originally Posted by arainfire

What is the name of your state? Kansas

Hello, I my sister-in-law, from Kansas was recently divorced and her ex agreed to pay the 2nd mortgage on the house. He has now passed away; who is responsible for paying the 2nd mortgage? His estate???
Thanks al

Well, whomever's name is on the mortgage. If she is on the mortgage, and she wants to keep living there, and not have her credit ruined, then she is. The estate may not have the money. It also has the option of letting the house go into foreclosure.

[LdiJ]

Originally Posted by moburkes

Well, whomever's name is on the mortgage. If she is on the mortgage, and she wants to keep living there, and not have her credit ruined, then she is. The estate may not have the money. It also has the option of letting the house go into foreclosure.

I agree, however she should certainly at least try to go after the estate for the debt.

[arainfire]

How does she go after the estate. Her ex died in Idaho. He is retired military and received quite a large pension from such.
Thanks, Al

[moburkes]

Originally Posted by LdiJ

I agree, however she should certainly at least try to go after the estate for the debt.

There's no harm in trying. You are correct.

[nextwife]

If they had stayed together and he had died, who would have paid the mortgage IF she didn't want to lose the house, and didn't want any dings on her credit score (of she's on the mortgage)? She would have needed to either continue paying, pay it off using whatever assets she may have or using any life insurance or other death benefits, refinance the debt, or sell.

If there is NO provision in the divorce decree extending his living responsibilities to his estate, the mortgages are now her responsibility. Exactly what does the decree state regarding this?

[seniorjudge]

Originally Posted by arainfire

How does she go after the estate. Her ex died in Idaho. He is retired military and received quite a large pension from such.
Thanks, Al

She needs to file a claim with the estate yesterday.

[nextwife]

Originally Posted by arainfire

How does she go after the estate. Her ex died in Idaho. He is retired military and received quite a large pension from such.
Thanks, Al

How long were they married? Did she receive any life insurance in the divorce? Any share of his retirement?

Again, WHAT does the decree state?

[moburkes]

His pension probably has a bene. Therefore, would pass outside of the estate.

[nextwife]

Originally Posted by moburkes

His pension probably has a bene. Therefore, would pass outside of the estate.

I understand that. But sometime there is language that requires a certain retirement account have a given individual named as beneficiary

There are often agreements incorporated into the decree awarding a life insurance policy or other asset to the divorcing spouse for the purposes of covering any debt or support responsibilities the deceased might have assumed in the divorce.

If she was awarded a life policy or whatever "in case" she may not ALSO be entitled to the money again from the estate. That would be double dipping.

Also, if he is retirement age, and much of those "large retirement" funds acquired BEFORE this marriage, then there may be prior parties with rights to those monies, such as a previous ex or children from a prior marriage.