Follow
Share

My husband borrowed $25K against his mother's estate upon her death, to help his son with a loan. As his wife and survivor, am I required to pay back the debt to his mother's estate upon his death?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I'm not totally sure of the sequence of events, but if your husband borrowed money from his mother before she died, and then he died before her, his estate would still owe the money to his mother. It would be a debt of HIS estate, owing to his mother. If that debt were not paid off before his mother later died, that debt would not be discharge but would now pass to his mother's estate. Thus, the executor of his mother's estate would be under an obligation to try to seek repayment of that outstanding debt so the executor can distribute it to his mother's heirs (or beneficiaries under her will, as the case may be).
Helpful Answer (0)
Report

Another question that I have is are there other beneficiaries who would share in the estate? If your husband is the only beneficiary, then to me it's a moot point. But if there are other beneficiaries to the estate, then logic tells me someone has to pay back the loan. Isn't the son making payments, which should go back to the estate?
Helpful Answer (2)
Report

What's the son's responsibility in repaying this? The money went to him as a "loan".
Helpful Answer (1)
Report

Still waiting, does anyone have the answer to this question?
Helpful Answer (0)
Report

How is it that your husband can administrate an estate when he is in a nursing home?
Helpful Answer (0)
Report

You'd probably be best to consult with an attorney on this, as it is a legal matter regarding estates/wills.
Helpful Answer (0)
Report

This doesn't make sense to me. An estate does not have the power to lend money. Once a person dies, the estate is distributed according to the terms of the will, or if there is none, according to state intestate laws. Was it the husband who actually borrowed the money? Who lent it to him? The executor of the estate? Who is that? This does not seem kosher in general but maybe you have more info that can clarify. I think married couples are jointly liable for any debts one or the other incurs, either way.
Helpful Answer (0)
Report

He borrowed money from his mother's "estate" - does this mean he took out an "advance" on his own inheritance? Was he even left an inheritance once his mother died? What does the executor of her estate say about any of this?
Helpful Answer (0)
Report

Both my mother and MIL are vey generous. We have borrowed from both, as have a lot of people. I would not think of pocketing the cash, without straightening it out with the other relatives.

Are we required to? No.
Helpful Answer (0)
Report

K Gabriel, answered your question, if mother died before your husband, then the executor of her estate seeks amount. If husband died before mother then executor for husband repays mother's estate.
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter