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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53685
Experience:  29 years of experience practicing law, including tax and estate planning.
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I have been appointed administrator in my parents will. Both

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I have been appointed administrator in my parents will. Both have died within a year of each other. They had a will that left everything to me, their only child. They only had a very small home ($40,000 value) and a few thousand cash. Since there is a will is the home part of the probate? and can any claims from medical expenses put a lien on the home?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Unfortunately, the home would be considered part of the estate. And, the creditors of the estate, including creditors relating to medical bills, have the right to any assets of the estate to pay those bills prior to the beneficiaries of the estate being entitled to any estate assets. If the estate assets are not sufficient to pay the debts of the estate, you would have no personal liability for any shortfall. But, I will also tell you that in these type situations, it's likely you can settle with the creditors for less than the amount owed where the only real asset is a residence.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you the creditors could not pursue the house or proceeds from the sale of the house, but, I can only provide you information based on the law so that you can act on the best available information to you. I think you can probably understand why the law works in that matter if you put yourself in the shoes of the creditors and the bills was owed to you. I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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