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litl_unicorn · Sep 26, 2009, 09:03 AM

Mother passed away and left me the house which is paid off, in her will/trust. She also left credit card debts in her name only. Can the creditors take the house from me? Sister in law is successor of the will/trust and has yet to get things (the house) dealt with. She is also thinking of sending money to the creditors, won't that be the family is accepting the debt?

cdad · Sep 26, 2009, 09:33 AM

That depends on where the funds are coming from. The house is part of the " estate " so if the money is coming from there like a rental or from the sale of the home its considered within the estate. Should you call the credit company and accept the debt for yourself then you and not the estate would be liable.

You should contact a lawyer near you and ask how best to deal with things.

litl_unicorn · Sep 26, 2009, 10:19 AM

I guess I forgot to add we are living in the house and want to stay living in the house. No one in the family can afford to take on her debts and there are no monitary assets left all there is, is the house.

cdad · Sep 26, 2009, 10:22 AM

Originally Posted by litl_unicorn

I guess I forgot to add we are living in the house and want to stay living in the house. No one in the family can afford to take on her debts and there are no monitary assets left all there is, is the house.

Is there enough equity in the home to pay for the debts ? If so maybe take a loan against the home when considering paying the debt off.

Again talk to a qualified lawyer near you as to how best to proceed in your situation.

stinawords · Sep 26, 2009, 08:24 PM

I don't know what state you are living in but yes, unless you can pay off the creditors (maybe take out a loan on the house to pay the creditors) they can take the house because before anything can be willed to anyone all debts have to be paid off. So it isn't technically your house yet until all the debts of the estate are paid.