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Do profits from inherited home have to go into paying debts?

West Warwick, RI |

I am the executrix of my mothers will and the receipient of all tangible property and residuary estate.
Do I have to use profit from sale of home to pay debts left by my mother other than the mortgage?

Attorney Answers 2


  1. Each state has different rules as to the treatment of homestead real property. These rules are also affected by the wording in the will. For example, if the will says "sell the home" then the proceeds are available to pay debts. Since you will need to probate your mother's will, the probate attorney you choose should be able to answer these questions.

    The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.


  2. If the house passes through probate (meaning no one else was on the deed when your Mom died), probably. Nothing can leave her estate until all her bills are paid.

    You need a probate lawyer to tell you for sure.

    I am giving you general information about the law. To give you legal advice I would first have to learn more about the facts and circumstances of your particular situation. (401) 383-7550 or jtlongo@citadelpc.com I am not your attorney and I am not giving legal advice. The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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