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I was the executor of my deceased uncles estate. Two years…

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I was the executor...

I was the executor of my deceased uncles estate. Two years prior to his passing he took out a construction loan to repair the house which was in dire need. After he passed I continued to pay the loan thinking I was doing the right thing. One month ago a letter comes from the bank saying we have learned of Robert's passing(which will be four years this April). I proceeded to make a payment and the bank manager stated you are not on this loan. Am I still responsible to pay this off?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

I have his will. And the house was legally mine before he passed. That was the only piece of estate he had til he signed over to me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The bank manager told me in not so many words; I should not pay this till I seek legal advice

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
12/6/2017
Estate Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 103,582
Experience: Fully licensed attorney in Texas in private practice.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

The answer is no. You have been paying voluntarily, and you uncle's estate has been getting the benefit. However simply by you paying the loan, you did not "assume" the liability. So someone in your situation can stop at any time.

His estate remains liable. However his beneficiaries and/or executor do not, even if they have paid some of the loan off voluntarily (as you have).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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