Legal Question in Wills and Trusts in Alabama

will probation

If you are probating a will to have a house put in your name and a credit card bill on the deceased is sent to you and not your lawyer and you have absolutely no money and the deceased had absolutely no money only their house how will this effect things? Can it cause problems if you just don't mention the bill? I have no money to pay this bill and do not want it to cause problems with having my mothers house put in my name. She left the house to me in her will. It's all she had. What should I do? Will I be in trouble if I don't say anything about the credit card bill?


Asked on 2/15/07, 8:03 am

2 Answers from Attorneys
William Nolan Nolan Elder Law LLC

Re: will probation

Give the credit card bill to the attorney who is probating the will for you and he/she will know what to do with it. I am not aware of non-lawyers being able to probate estates, so if you are doing so without an attorney helping out, it is news to me. The credit card company has six month's to file a claim against the estate or be barred from recovery, but they have to be put on notice.

William Nolan

www.NolanElderLaw.com

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Answered on 2/15/07, 9:06 am
Norma Chaviers Norma M. Chaviers, LLC

Re: will probation

You absolutely need to give the credit card bill to the attorney who is probating your mom's estate. All known creditors are required to be notified before you can close an estate and transfer all the property. Once the creditor has received notice, they have 6 months within which to file a claim. If they don't file a claim against the estate within that time, their claim is barred and you can close the estate without paying them. If they do file a claim, then you have to satisfy their claim before you can distribute all the assets of the estate. Your attorney can go over this with you in more detail. Good luck!

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Answered on 2/15/07, 11:09 am


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