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I need to get some legal adivce on estate matter concerning…

I need to get...

I need to get some legal adivce on estate matter concerning my deceased fathers estate.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

This is Oregon

Lawyer's Assistant: What documents or supporting evidence do you have?

This is concerning a debt owed by my fathers estate on a piece of property that wasnt covered in his will directly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

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Answered in 2 minutes by:
3/9/2018
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 60,881
Experience: Licensed attorney helping individuals and businesses.
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Hello and welcome. I am working on your answer and will be right back!

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what can I answer for you about this estate debt?

Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 60,881
Experience: Licensed attorney helping individuals and businesses.
Verified
Infolawyer and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
at this point i am disputing the resolution that my siblings have chiosen as a solution to resolve the issue and the sister whos was removed as executor is trying to tell me that i have no option but to purchase the property and hire my attorney i am not interested in this property and want to force the sale of said piece of property to pay off the debt as our cousin who is living in the home hasnt been able to secure financing and resolve this issue . the solution they were proposing was for us to file a disclaimor on the property and gift the equity and pay the gift tax out of our pockets , i am not going along with this idea not am i going to buy the property . but the debt was incurred when our father took out a loan on the property and paid off the mortgage so as our cousin wouldnt lose the home at that time.
Customer reply replied 1 month ago
iam still waiting for the phone call to discuss this issue.
Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 114
Verified
Phone call session started
Customer reply replied 1 month ago
when can i expect the call

The debt does not fall on any beneficiary personally. If a creditor has a secured interest in the asset, then the beneficiary would need to negotiate directly or through counsel and if needed, liquidate the asset to pay off the debt, often at a discount.

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Customer reply replied 1 month ago
i want to force the sale of the property to pay off the debt however i am one of six and the other siblings are fighting me on this and i am not the executor
Customer reply replied 1 month ago
i have no interest in assuming any liability for the resolution of this debt i just want the property sold and the debt paid end of story.
Customer reply replied 1 month ago
this has been going on since the death of our father in august of 2016 since i informed them of my decision to not go along with the disclaimor they are telling me i have no choice but to but the rest of them out and to pay off this debt i have no intention of doing either

If the parties do not agree, you can have a lawyer send a letter, and then if needed sue for force the sale by partition action. It would be cheaper and faster for all to consent.

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Customer reply replied 1 month ago
before our father dies i had two conversation with my father in regards ***** ***** property i asked him whos going to be making the payments on the loan he informed me it would be the cousin. so i asked what if he defaults? he said then the property will have to be sold. My next question was what if something happens to you meaning what if you did and he said there will be that much more for you girls they said because there was nothing in writing it doesnt mater and they have chosen to take the stance that our father had wanted this property to be given to the cousin, however that still doesnt pay off the existing debt against the property which has made it to where we have incurred excessive legal fees and cant settle our fathers estate.
Customer reply replied 1 month ago
they are trying to intimidate me into believing that i have no option but to buy them out and pay off the debt. i am not going along with it nor will i let them intimidate me into taking this option just because im not going along with their plan.
Customer reply replied 1 month ago
can you give me any referrals for lawyers to handle this matter?

You can find local counsel to retain by practice area and location using avvo.com and findlaw.com

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