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Richard, Attorney
Category: Estate Law
Satisfied Customers: 54837
Experience:  29 years of experience practicing law, including tax and estate planning.
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GA-mpl: Thanks answer. Allow me to provide additional info.

Customer Question

Thanks for the answer. Allow me to provide additional info. The attorney appointed by my parent as my mom's personal representative while she was alive has told me that these outstanding unsecured debts must be paid. To satisfy these as well as my personal obligations I have agreed to an equity loan. However, to include mom's debts would leave me with very little extra funds and a very large debt to be repaid by myself. Question-
1. Would it be unreasonable to ask the estate attorney to provide documentation specific to these debts.
2. Can these creditors file a lien on the house which I had inherited or demand payment from the loan proceeds
Thank you,
Can these answers be sent to my email address to be printed later.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Samantha-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. ( Thank you, ***** ***** Customer Support Team.
Expert:  Richard replied 1 year ago.
Hi Phil! Thanks for following up. You would be at risk to the extent of the value of any inherited probate property. So, to the extent of the value of any probate property you received (in excess of any debt on such property), you would be liable up to that amount because the creditors of the decedent should be paid from probate assets before the beneficiaries receive anything. BUT: i) you absolutely have an entitlement to documentation of all these debts and their amounts; ii) in most of these cases, the creditors will settle these debts for pennies on the dollar so it's important to negotiate with them rather than simply paying them in full because the creditors don't want to spend the money pursuing these debts; iii) if you received this property under a survivorship clause, then it would not be an asset you would have to count in the value of any inheritance; and iv) before they can do anything to any asset, they would have to file suit and get a judgment against you. They can't just lien the house and/or take your loan proceeds. :)