Who will have to pay the mortgage payments on my wife’s house after she passes on?

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Who will have to pay the mortgage payments on my wife’s house after she passes on?

She bought a house before we married. She has a Will that leaves the house and property to her children but allows me the use of the house and to live there until my death. In such a case, who will pay the mortgage payments after my wife passes. Will I have to make those payments or will the house be part of the inheritance and the costs of the mortgage be passed on to her children?

Asked on September 29, 2019 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have what is known as a "life tenancy". During such a tenancy, the life tenant (i.e. you) is responsible for paying all bills, including mortgage payments, utilities and all other aspects of maintenance and repair.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have what is known as a "life tenancy". During such a tenancy, the life tenant (i.e. you) is responsible for paying all bills, including mortgage payments, utilities and all other aspects of maintenance and repair.


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