Our mother just passed away. She wanted us to sell her modular home and split the proceeds. She did not have any assets other than funeral coverage. She has an obligation for her hearing aids. Will they want the pay off from us? We are not listed on any paperwork and don't know if they expect money from the sale of her home.
My condolences for your loss.
As a general rule only the assets of the decedent are liable for the debts. If the modular home was titled in her name at death, it is an asset.
For appropriate legal assistance, retain local experienced probate counsel.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
normally, children are not required to pay the debts of their parents but some states do provide for such payments so you will need to check with a local attorney. The creditor will have a claim over the estate assets which include the mobile home. You will not be able to sell the modular home without going through probate.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
I'm a NY attorney and can't advise you as to your state's laws, but I can tell you that if the estate has any assets that don't pass directly to joint tenants or designated beneficiaries, a claim can be made against the estate. Check with a local attorney.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
My condolences on the loss of your mother.
I agree with the answers by my colleagues. Claims by creditors have to be paid fron any proceeds and assets of the decedent. I strongly urge you to retain an attorney to assist. All the best to you and your family.
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