[WSBAPT] Garn-St. Germaine / Adult child inherits real estate

Adrienne Keith Wills akwills at willslawfirm.com
Wed Dec 6 16:17:28 PST 2023


Hi all,

Hypothetically, let's say an adult child has inherited a mortgaged home from a parent under that parent's Will.  The adult child has a primary residence elsewhere and does not foresee living in the inherited property but is interested in keeping it but won't be residing in it themselves.  Does GSG still apply?

I looked at the specific section of GSG re: mortgage due on sale clause.  It looks like either sub-section (5) ("transfer to a relative resulting from the death of a borrower") or (6) ("transfer where the...children of the borrower become an owner") would apply and neither state an occupancy requirement.

Thanks in advance, Adrienne


--
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Adrienne Keith Wills, Attorney/Mediator
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