Legal Question in Wills and Trusts in New York
Left property that still had a loan against it
I'm writting this on behalf of my husband. His father past away 12 years ago. In his will he left the property that he lived on to my husband and his two half sisters. His wife at the time was left the retirement money. My father-in-law wrote his will out 9 years prior to him passing away. Which after it was written his step-son wanted to go to college. They took a loan out on the property (which was already paid off) for him to go to school. Shortly after taking out the loan, my father-in-law died. After my husband and his sisters found out about getting the property which had a loan attached to it. They asked Linda (the step-mother) to pay it off since it was for her son. She said if Bob wanted it that way then he would have put it in the will. When my husband sold the property, he had to pay the loan off and then him and his sisters split what was left. Is there anyway that they can get the $25,000.00 that they had to pay out back from her. It almost seems as though she stole the money from my father-in-law by doing that.
Thank you,
2 Answers from Attorneys
Re: Left property that still had a loan against it
Unless you have proof of a different intent, Linda is correct.
Re: Left property that still had a loan against it
It appears that your father felt responsible to pay for the step-son's education, without contribution from his mother. You do not say how many years they were married and what responsibilities he undertook after the marriage for her children. Had he expected reimbursement he could have re-written the Will, changed what he left to his wife, or made some other arrangements. You do not say what the property was worth? The college money may only have been a small part of the value. Unless he was defrauded into believing the college costs would be reimbursed, and got nothing in writing, the lien stands.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
