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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband died in 2013. The estate is a small unsupervised

Customer Question

hello, my husband died in 2013. The estate is a small unsupervised estate valued at about 26k. When we purchased our home together (the same house I had to shortsell after his death btw) I took out a home equity line of credit against my rental house for 20k. When he died the balance was about 13k. Can i use any estate monies to pay that off?
Thanks,
Melanie Coghill
Indiana
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Roger replied 3 months ago.
Hi - my name is ***** ***** I'll be glad to assist.If you are the sole beneficiary of your husbands estate, then you would stand to inherit the funds that belong to that estate.....However, if you haven't gone through probate or administration yet, you may have to do so in order to have legal access to the funds.Once the money is legally yours, you can do whatever you like with it.
Customer: replied 3 months ago.
He has a 22 yr old daughter when he died. I read Indiana law requires me to split the estate with her. That is why I am trying to be careful with how I spend the estate first.
Expert:  Roger replied 3 months ago.
if you're not the sole heir, then you would not be entitled to all of the money from his estate.Instead, you would need to split the money and property with his other heir.
Expert:  Roger replied 3 months ago.
Since the debt you're asking about isn't a debt is the deceased person, the money can't be used to pay it through the estate.
Expert:  Roger replied 3 months ago.
of
Customer: replied 3 months ago.
even though we used the 20k to put down on the home we bought together?
Expert:  Roger replied 3 months ago.
the debt was incurred in your name only, and because Indiana isn't a community property state, he nor his estate would be liable for the debt -- regardless of what you used the money for.