You need to run this with the lawyer, you still have not indicated enough information. We can only guess. If the house was community property, it matters not what the will states. The house is the husband's. While you may be able to collect something from the estate be known that that means nothing to the lender. If the husband signed the loan, the bank can come after him as if he was the only person involved in the transaction. Where the money was spent after it was borrowed is largely immaterial.