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My mother died 07/09/2006. I am in Kentucky; my mother did have a will. And I have been through probate court and named executrix. She did own a home which I am living in and currently paying the mortgage on. The house was initially worth 32,311.00. And I still owe 20,956.90. She did have some bills left behind totaling around 13,000.00. I guess my questions is can they make me sell the house or is there something I can do to save the house. Any loopholes. Because in those debts are not really mine. And my lawyer has a different story every time call him. It doesn’t seem as if he is really fighting on my behalf.

2007-08-23 09:09:18 · 5 answers · asked by Jesse G 1 in Politics & Government Law & Ethics

5 answers

If you feel your attorney is not fighting on your behalf the first thing to do is get a different attorney. Probate is a touchy thing and the court may or may not order you to sell the home depending on alot of different factors. The court may also require you to take out a new mortgage on the home to pay off the estate's debts. As the executrix you are liable to pay the estate's debts using the estate's assets, so in a manner of speaking they are your debts. You need legal help and you need it badly, call your local bar association for help in finding a probate attorney who will represent your best interests.

2007-08-23 09:17:56 · answer #1 · answered by Anonymous · 0 0

Well, the debt may not be yours, but neither is the house! They can demand that you sell all of her assets and pay the debt up to the amount of proceeds of the liquidation of the sale. You are not liable for the difference as it weren't your debt.

2007-08-23 09:19:28 · answer #2 · answered by tkquestion 7 · 0 0

As far as I know the estate is responsible to pay all of the outstanding bills. If you are the sole heir you get what is left after taxes, attorney and other fees.

2007-08-23 09:16:51 · answer #3 · answered by DrIG 7 · 0 0

If you need help from a legal point, try the site below and watch the movie. This might be what you are looking for.

2007-08-23 10:25:25 · answer #4 · answered by Anonymous · 0 0

Unfortunately your debts don't go away when you die. Mortgages,car payments medical expenses etc.
Whether they can force you to sell the house I don't know.

2007-08-23 09:20:09 · answer #5 · answered by hotdogseeksbun 6 · 0 0

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