Legal Question in Wills and Trusts in Pennsylvania

father died.

he had a wife at time of death, and one child, not the wifes issue.

there is a house soley in fathers name.

there is a home equity loan in both father and his wifes name.

is the estate responsible for that debt? if so what portion of it?


Asked on 12/04/10, 7:28 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Is the home equity loan secured by a mortgage on the house? If the house is owned solely by the father, it's hard to imagine why a mortgage would include the wife's name.

The home equity loan documents should explain why both people's names are on the loan, and should also say how they are responsible for the debt, whether individually, jointly, jointly and severally {each is responsible for the full amount}, etc.

And, what is your relationship to the parties?

Someone should be administering the deceased's estate. That person should take the home equity loan documents and all other documents representing assets and liabilities to an estate lawyer to sort this out.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/09/10, 3:08 pm


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