Would it make a difference in the settlement of debts if there was a will ?

Question

my grandmother passed away with out a will, she had been in a nursing home and there are outstanding balances with them and her pharmacy, me and my sister are the heirs. We are going to be able to sell her house and pay off her debts what is left is ours to keep. . If she had a will would we still be required to pay her outstanding debts or would we have just gotten all the assetts ?

Anonymous · Accepted Answer

Here's how it works:  When a person dies, the estate is probated.  That gives anyone who believes they are owed money a chance to file a claim against the estate.  The court then decides which debts are legitimate and which ones aren't.  Doesn't matter if a will is involved or not -- every state in the union has laws requiring the probate of the estate.  So to answer your question:  YES, if your grandmother had a will you would still be required to pay off any debts the court ordered you to pay, and you would not be allowed to take possession of or liquidate any of the assets unless they were needed to pay the debts.

Anonymous · Answer

In this case the situation would not have changed.    How much in debt was she?  Are assets greater than debts? 

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whitefangz1 · Answer

In a nutshell, you can not will away anything that is not legally yours to will to someone. Suppose she owes $10,000 in just debts. This means that $10,000 worth of her estate is not legally hers to will away. Even in death, you must pay your bills if you have enough money in your estate to cover the debts.

psunuc · Answer

Claims against the estate need to be settled first (will or not).

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Would it make a difference in the settlement of debts if there was a will ?

4 Answers