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Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2579
Experience:  Estate planning and wealth preservation attorney.
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My husband passed away with a will leaving all to his children

Customer Question

my husband passed away with a will leaving all to his children from another marriage. I live in a community property state and understand that 1/2 of the home is mine. It also has a debt against it. Probate has been opened but nothing has been settled as there are other facets of the estate, separate property, investments,, etc. My question is do I have to pay the house note out of my own personal funds until its settled or is this the responsibility of the estate? I know my name is ***** ***** note and title but if I have to pay, do I get the benefit of the principal reduction from the monthly payments I make or does the estate?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Attorney2020 replied 2 years ago.
Is your name the only one on the title or mortgage loan?
Customer: replied 2 years ago.
Yes, I'm on title and mortgage. He deeded me 1/3 undivided interest when we built the house on his land initially. When we refinanced the mortgage in 2007, a warranty deed was filed from him to me and him for the 5 acres to complete the refinance. So theoretically I owned 1/3 undivided and then he deeded me the other 2/3 with him. Is this my ownership that I would now own 2/3 undivided and his heirs the other 1/3? or does the community property ownership reign over that where I own 50%? his children think I still only own 1/3. thank you
Customer: replied 2 years ago.
to further clarify "his land" above, he inherited 35 or so acres from his mom's estate as did his siblings; 20 acres was undivided and was sold during the marriage; the other 15 remained in his name solely until the deeds stated above were filed. We married in 2002 and built a home on the 5 acres, with construction mortgage and then permanent with me on note and ownership of 1/3, with the refinance the other deed was filed, hope this helpls
Expert:  Attorney2020 replied 2 years ago.
You are responsible for paying the entire note but the estate is required to reimburse you for the husband's share or you can get the benefit of the principal reduction. You should discuss arrangement with the executor of the estate related ot making payments on the mortgage for the protion that the estate owns so that it can also assist with the payments. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Tank you.