Inheritance and Mortgage: We Help You Further

Questioner

My ex-husband will die soon. The mortgage (entirely interest-only) is still in both our names. There is a life insurance policy that is not linked to the mortgage and of which my ex is the policyholder, insured and beneficiary. The payout from this is therefore his inheritance. We have one minor daughter and her mother is still alive. There is a will. How will the settlement of the inheritance work now? Will I be left with the entire mortgage debt? In principle, I could take over the mortgage at this point, but my job is at stake. I suspect that he will leave a small amount to his daughter, but that this will be less than her legitimate portion. If this is the case, can I contest the inheritance on behalf of my daughter? With half of the insured amount, a large part of the mortgage debt could be repaid and my daughter would become co-owner of the house. This way I can continue to live in the house until she is 18 and save for her studies. Or does this not work like this?

Lawyer

It is difficult because it is not yet known how the estate will be inherited. The mortgage will be half included in the estate, but what this means for you also depends on whether and to what extent the estate is accepted. It is also true that, depending on the contents of the will, there may be possibilities to claim the (additional) legitimate portion. Whether the mortgage debt can be repaid is not yet known, this is something that must be discussed with the heirs and whether your daughter will become co-owner of the house also depends on the will and to what extent your daughter is an heir, this is separate from the repayment of the mortgage debt. For further questions or assistance, you can contact me.