Legal Question in Wills and Trusts in Kentucky

legal responsibilities after death

my mother died recently, within the week. Her assets are a town house (condominium & $300 in bank) - how liable are the heirs for payments of utilities, condo maintenence fees, credit card bills etc... I assume the estate must be probated before the house can be put up for sale?


Asked on 7/21/08, 8:43 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: legal responsibilities after death

When a parent dies, and then the child or children inherit anything of value from the parent (house, car, savings, etc.), either through the parent's last will and testament, or through intestate succession, if the parent dies without a will, then, in that event, the value of any inheritance would be reduced by the amount of any debts owed by the parent at the time of her death. If the debts exceed the value of the parent's total estate, however, the remaining child or children would not be legally responsible for any debt payment beyond the value of their inheritance.

Assuming the condo was not subject to a claim by a spouse or joint survivorship (another person's name on the deed), then your mother's estate would have to be probated, and a personal representative appointed by the court (administrator or executor). The personal representative would then be empowered to sell the condo and pay any of your mother's remaining debts; after which the remaining proceeds would be distributed among your mother's legal heirs.

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Answered on 7/22/08, 12:19 pm


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