My father died without a will. His only asset was our house, can the probate court make me sell it to pay his debts?

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I am disabled, I have lived in the house my whole life. My father has credit card debtand I beleive some hospital bills. Will the probate court force me to sell my home? I am the only heir.

Attorney Answer

1
Karen Brady ·
There are some unstated facts to your question that will affect the answer. If your father was the sole owner of the house, the estate will be obligated to pay your fathers debts out of the estate assets. If the house is the only estate asset, then the debts must be paid from the equity in the house. That may involve selling the house or getting a mortgage that allows you to pay the debts out of the mortgage proceeds. However, if you and your father were joint owners on the house it may depend on how the house was titled. In addition, there may be exemptions or allowances that would permit you to claim a share of the assets with priority over the creditors. A probate attorney may also be able to negotiate with the credit card companies on behalf of the estate. For all of these reasons, I urge you to contact a probate attorney in your area to help protect your interests while fulfilling your duties to the estate.
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