Legal Question in Wills and Trusts in Arizona

Re: Inheritence

Thank you for your inquiry. If the house is passing to you without probate (e.g. joint tenancy, beneficiary deed, living trust, etc.), then you are not responsible for your mother's other debts. If the house must pass through probate, the valid debts must be paid before the asset can be distributed.

If you would like to discuss this matter further, please feel free to contact me to schedule a telephonic appointment.

Sincerely,

Monica H. Donaldson, Esq.

(480) 792-9770

[email protected]

Re: Inheritence

You are not liable for your mother's debts, but all or part of the debts may, or may not, have to be paid from the estate before the assets can be distributed to the beneficiaries.

Whether your mother's estate must be probated depends on how the assets were titled. You didn't say how you know you are inheriting the house. Did your mother leave a will? Is your mother married? Are there other assets? Are there other beneficiaries? There are several important issues to consider.

You should consult with a knowledgeable attorney as soon as possible. An initial consultation is generally inexpensive. If you would like to call my office I would be happy to talk with you at no charge. I do normally charge a fee for the initial communication, so please mention this communication when you call.

Re: Inheritence

You must go through probate, just add all debts together and than evaluate if its worth to want the house. Are there any sibblings or such, does your mother has a last will?