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Property, Vehicles, and Utilities

What do I do about their mortgage while the estate is being settled?

Short answer

Continue making payments if the estate can afford to — missing payments can lead to foreclosure regardless of the legal situation. If you are a surviving spouse or co-borrower, contact the lender about transferring or assuming the loan. Federal law (Garn-St. Germain…

What this usually means

Continue making payments if the estate can afford to — missing payments can lead to foreclosure regardless of the legal situation. If you are a surviving spouse or co-borrower, contact the lender about transferring or assuming the loan. Federal law (Garn-St. Germain Act) protects surviving family members from due-on-sale clauses in certain situations.

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Related questions

Official starting points

Rules and procedures can change. These official sources are the starting points used to review this topic.

Last reviewed: July 27, 2026 · California guidance unless noted otherwise

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