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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33757
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I have a life estate in property and a house that was owned

Customer Question

I have a life estate in property and a house that was owned by my mother prior to her death. The life estate is recorded. An attorney who formerly represented the estate loaned the estate money from trust on one of his deceased client's money. He has now taken a judgment against my mom's estate and is threatening to execute on the estate. Can he sell the property I have the life estate to? We are in Alabama.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Has the estate actually been settled and closed yet or is it still open?

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Are there other assets left in the estate currently?

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thanks

Barrister

Customer: replied 4 months ago.
Estate has not been settled and there are other assets.
Expert:  Barrister replied 4 months ago.

Sorry for the delay, got caught up in another question..

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If the estate is still open, and there is a debt owed, then the creditor can pursue any estate assets since it is improper for the executor to disburse any assets until all debts are paid. So yes, they could come after the house if there are not other assets that could be sold off to pay the debt.

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It would be the executor's job to first sell "residuary assets", i.e. those without a specific beneficiary, first to try and pay the debt and work their way up to specific cash gifts, and then up to specific bequests like the house if there weren't enough lower priority assets to liquidate to pay the debt.

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thanks

Barrister

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