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Inherting a Property with a Mortgage
In the scenario where a home is unequally left to several decedents and there is a mortgage. Is the | ||
mortgage satisfied FIRST from the net proceeds before the proceeds are distributed accordingly to the will (%) | ||
(Scenario One) or is the mortgage satisfied by the decedents based on the % of ownership of the property each has been left in the will (Scenario Two) | ||
Property is in Louisiana | ||
Scenario One | ||
235000 | Sales Price | |
-350 | Transfer Deed (Seller Closing) | |
234650 | Total Proceeds | |
-87000 | Mortgage Payoff | |
147650 | Distributable Proceeds | |
18456.25 | 1/8 - Child 1 | |
18456.25 | 1/8 - Child 2 | |
92281.25 | 5/8 - Child 3 | |
18456.25 | 1/8 - Child 4 | |
Scenario Two | ||
235000 | Sales Price | |
-350 | Transfer Deed (Seller Closing) | |
234650 | Distributable Proceeds | |
90000 | Mortgage | |
Proceeds | Share of Debt | |
29331.25 | 11250 | 1/8 - Child 1 |
29331.25 | 11250 | 1/8 - Child 2 |
146656.25 | 56250 | 5/8 - Child 3 |
29331.25 | 11250 | 1/8 - Child 4 |