Legal Question in Wills and Trusts in Alabama

Re: executorship of will

The cousin needs to open an estate in the Probate Court, then notify the credit card companies and any other creditors so that they may file claims.

If the house was left to your daughter-in-law as a specific bequest, then she gets the house, subject to the mortgage. Anything that was not left as a specific bequest goes into the residuary estate, which is used to satisfy debts of the estate.

Re: executorship of will

In Alabama all estates with real estate involved should be probated in the Probate Court where the house is located. In that process the executor will notify all creditors of the pending case and they will have an opportunity to file their claims. This is what is known as unsecured, so the home is not collateral. The credit card companies basically have no collateral to sell. They do have a claim and it can be filed against the estate but it is doubtful they would go to the trouble to file a lien on the home.