Legal Question in Wills and Trusts in Virginia

My wife (along with me) signed the paperwork for refinancing our primary home mortgage. She died last November. A large lump sum of money from her life insurance was put into a trust for the education of our two sons. Though her Will and the language in the Trust documents says that all her 'Legally enforceable debts need to be paid ASAP after her death the Trustee for our sons trust is balking at my proposal that money from the trust pay half of the outstanding mortgage debt. My wife made twice as much money as I do. Without her income I can't pay this entire debt myself and will have to sell the house. Do I have any legal recourse?

Asked on 2/07/17, 12:28 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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So, why exactly is this trustee "balking" in complying with your request, i.e., what

legally justifiable reason is s/he offering in support of this refusal? Perhaps, the trustee

is thinking that the mortgage represents a debt that is no longer enforceable

against your decedent wife and in reality can only be claimed against her estate (if that)?

Answered on 2/08/17, 9:02 am

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