Legal Question in Wills and Trusts in Alabama
My parents signed the deed to their home (paid for) over to my brother and me with a "lifetime dowery?" (that she would live in home till she dies). My question is: are we responsible for paying off her credit card debt after she is deceased?
1 Answer from Attorneys
The home is no longer a part of the estate with her death and you are not required to pay any of her debts by selling the home. As far as credit card debt is concerned, that would depend on her will and her assets at her death (of which the house would not be). Usually a will states that final expenses and debts are to be paid from any assets and then disposes of anything else owned by the decedent by naming who it is to go to or what the administrator or executor is to give it to. If there is no will, then one should be drawn up.