Legal Question in Wills and Trusts in Missouri

home equity loans

My husband died suddenly in a drowing accident. It was for both of us a second marriage. We each have 3 children. We had a home equity loan against our house in the amount of approx. $70,000. I have come to find out my husband did not leave the house or the property to me. He left it to his children. Am I liable for a loan against a house I do not own? My husband to my knowledge did not have a will, but my name was not on the deed to the house.


Asked on 10/11/08, 8:07 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: home equity loans

I am very sorry to hear about your untimely loss. You probably should retain counsel to give you specific advice. But, the house is at least half yours if you make certain elections timely. Becuas eyou are indebted on the house, and you resdie there (I assume you do) the surving children of your deceased spouse probably will not get more than a one half interest in the house. It may be that you will get teh house outright. The attorney you hire can explain your situation in more detail.

Good Luck

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Answered on 10/13/08, 10:43 pm


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