Monday, August 9, 2010

Does the wife get credit for paying the husband's part of the mortgage after he dies intestate?

The Husband and Wife shared joint ownership of a house and property. The Husband died intestate with a $42K mortgage left on the house. $21K of this mortgage is the husband's estate liability. If the wife pays her part and pays the husband's remaining part, shouldn't she be credited all that she pays? Her children want her to give them $41K as an inheritance. This is in the state of Georgia. How does a woman work and pay the house mortgage and not be given credit. Help!Does the wife get credit for paying the husband's part of the mortgage after he dies intestate?
if they were joint tenants with right of survivorship, the house passes to her and her sat. of the note releaves the estate of any right to claim or debit; unless she paid the note off with her husband's funds; then it might end up in a probate battle for realistically anywhere from 21 k to 11.5 k for the accounting of those funds. Otehrwise,. Kids have no right. Period.Does the wife get credit for paying the husband's part of the mortgage after he dies intestate?
If Wife is on title to the house as joint tenants - the house is hers... no interest to children... What does the deed say?
What is this ';credit'; you're talking about? ';Credit'; for what and from what?

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