[dillydumpling]

Brother died leaving me his estate composed of 3 properties = 3 mortgages and 1 heloc (most of it in cash) I would like to access the money but haven't transferred the titles into my name yet as I am not sure I can afford to keep these rental properties. I am the successor trustee and have a recorded affidavit. Can the bank/lender demand payment in full? He left some signed checks on this account. Can I use them??

[Fr_Chuck]

Depending on where you are at. You move it into probate and there can use estate money to pay on the bills of the estate. And can sell the property in the estate if you wish.

[ScottGem]

I think he's asking is he can borrow money from the HELOC. I don't think so.

[dillydumpling]

Original poster
Actually, I'm asking: 1. The deceased signed checks before death on his checking account attached to heloc (all money from heloc is sitting in this checking account.) I want to access it before transferring my name onto the deeds as I need to buy some time so to speak as to decided who I should pass the houses/debt onto. And avoid late payments et al. Can I use those checks?

[ScottGem]

If he signed checks against the HELOC that were deposited to his checking account, then they are assets of the estate that can be used in administering the estate. Just as the balance in the HELOC is a debt of the estate.

But you can't draw on the HELOC to administer the estate. Nor can you deposit checks that he signed but did not deposit.

[dillydumpling]

My fear is that the checking account is somehow connected to the heloc and if I make mention of this, they will stop any action I may take. However, I do believe you have answered my query renaissance man.

Thank you!