Can monthly payments be made on a joint mortgage out of my deceased husband’s estate account?

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Can monthly payments be made on a joint mortgage out of my deceased husband’s estate account?

My husband died without a Will. He had an insurance policy that was payable to a company that he owned. The company has now been dissolved and the funds are in an estate account. Can I use funds from the estate account to pay monthly payments on our joint mortgage loan for our home?

Asked on August 23, 2012 under Estate Planning, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming the home that you are writing about is an asset of your husband's estate then there should be nothing wrong with you taking estate funds to service the debt load of an estate asset and protect it. Since your husband passed without a Will or trust in effect, it would appear under your state's intestacy laws that you inherit all of his assets. I suggest that you consult with a Wills and trust attorney to assist you in the matter you are writing about.


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