fraud?

[aliali333]

What is the name of your state? GA
When mother died, she had small mortgage. Will has not yet been probated but I have continued to pay mortgage payments each month. Sister says this is fraud because I did not notify bank of her death. True?

 

[anteater]

What is the name of your state? GA
When mother died, she had small mortgage. Will has not yet been probated but I have continued to pay mortgage payments each month. Sister says this is fraud because I did not notify bank of her death. True?

Ask your sister: Who exactly is being defrauded?

I am sure that the bank is quite happy to continue to receive the mortgage payments while the will is being probated.

 

[pojo2]

What is the name of your state? GA
When mother died, she had small mortgage. Will has not yet been probated but I have continued to pay mortgage payments each month. Sister says this is fraud because I did not notify bank of her death. True?

Where is your probate lawyer in all this? He/she should know creditors need to be notified even if you do not? The mortgage company/lender has the right to have the house sold and their loan satisfied or have the loan paid in full by anyone wanting to retain the home.

Who is the executor/ix of the estate? Whose name is listed on the deed?

 

[Dandy Don]

Exactly where did sis get her law degree from? She is mistaken.

This is just a minor mistake on your part. There was no intention to defraud on your part. The executor of the estate needs to be talking to the mortgage company to determine if it is necessary for the house to be sold or not, or if you want to continue living there, consult with the executor and inform him/her that you are willing to refinance the mortgage with YOUR name on it.