Legal Question in Wills and Trusts in Alabama

Payment of a secured debt after death of father

My father died he had a will leaving everything to his spouse and at her death everything is to be divided between 4 children 2 of them natural children 2 step children. My father had purchased a small mobile home for me to live in and was making monthly payments. Since his death I can not make the payments - will it be repossessed. Since the will leaves everything to his spouse will it affect her credit if it is repossessed. She has not probated the will and at this point is not planning to probate the will. There is no estate to speak of - there is aboaut $50000 in IRA but again the spouse is the beneficiary.


Asked on 9/13/05, 12:56 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Payment of a secured debt after death of father

Where is the will? If you have it, take to the court for probate now to avoid problems later. No, the repossession won't affect her credit. But, if the debt is in your fathers name, the debt should probably be paid off by the executor. I need more info, you should contact an attorney to help you as there are many legal issues involved here. Depends on what kind of IRA that is; that may not be a probate asset.

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Answered on 9/13/05, 1:32 pm


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