Legal Question in Real Estate Law in Florida
disbursement from estate
Mother died 11/10/02. Her house was the only asset she left, to be divided 4 ways. I understand we divide four ways the expenses related to the house and the net profit from the house when it sells.
My husband (not beneficiary) paid all loan payments on a debt (equity loan) left by her. Is he entitled to be reimbursed by the estate the total amount he paid when the house sells?
Closing is 2/22/05.
Thank you
2 Answers from Attorneys
Re: disbursement from estate
I am not a probate lawyer, but it would seem that your husband should get reimbursed by the estate or should make a claim against the estate, and I suppose your siblings will not object to having him get back his money (possibly with interest). But again, I am not a probate lawyer. Consult with a probate lawyer.
Re: disbursement from estate
You fail to indicate whether a personal representative has been appointed by the court.
He should file a claim with the personal representative as a creditor of the estate immediately.