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View Full Version : Mother left land to my sister and I we want to sell


bernie64
Aug 27, 2010, 12:41 PM
My mother left my sister and I land in NC. We paid all her debts she owed also taxes are paid no liens or judgements she had one we paid that ran ad in paper for three months none came forward , now we also went to court and had adminstatrator who paid bills as they came in now we were told that small bills have come forward $3,740.00 all total credit card from Lowe's which I closed when she passed in may which was $150.00 now $300.00 also cable ,light ,ems service just a mess clerk says we must pay all these or we will loose house they will take property and sell it and we will get nothing I am so sad this was her home all her life and I don't want this to happen

tickle
Aug 27, 2010, 12:58 PM
How much total is owing right now bernie. They could get a judgment for money owed, but I don't see a judge letting them take a house and property which is woth much more then the amount owed to pay it off.

Tick

ScottGem
Aug 27, 2010, 01:00 PM
Before any part of the estate can be distributed, all debts of the estate have to be paid. However, that shouldn't stop you from selling the property. Even if there were a lien on the property (which all they can do) it just means that, at closing, a check has to be issued to the creditors.

AK lawyer
Aug 27, 2010, 01:47 PM
Before any part of the estate can be distributed, all debts of the estate have to be paid. However, that shouldn't stop you from selling the property. ...

If all bills are paid from the estate, the house can be distributed to the heirs. If there isn't enough in liquid assets (money) to pay the bills, the house would be sold, the debts paid, and what remains would be distributed to he heirs.

I don't know what OP means by an administrator. Perhaps some sort of PR substitute?

If they are able to pay off these bills, after the notice to creditors period has come and gone, the house could then be conveyed to them.