Legal Question in Wills and Trusts in Pennsylvania

Why was this check sent to your husband?

If the mother owned the property and had the mortgage this should be part of the estate. I don't understand why it was sent directly to your husband. Did the mother have a will and leave the house to your husband? Have all of the debts of the estate been paid?

Your husband needs to consult with a probate attorney who practices in the county where the estate is pending. The attorney is going to have to review the check and the will and what has been done thus far.

My gut reaction is that this money belongs to the estate and that it will be distributed as per the residue clause of the will, once all the estate debts are paid. I cannot imagine why the money would not be a part of the estate and exempt from creditor's claims. I also think the mortgage company screwed up here by not making the check payable to the estate. If that is what indeed occurred, the proper thing would be to have them reissue the check rather than have your husband just sign it over to the estate.