Can a lien be filed against the home my mother willed me and my siblings?

02/01/2007 - Category:Wills and Estates - Probate - State: NC #1114

Full Question:

My mother died and she willed her home to her children. If we keep the home in the family and not sell it, can someone filed a lien or get money for credit cards or other debt she owed?

Answer:

Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant.

Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.



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02/01/2007 - Category: Probate - State: NC #1114

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