Legal Question in Wills and Trusts in Kentucky

We are in the middle of closing an estate. My husband's mother had no money in the bank and she owed $156,000 on her mortagage. We decided to save the house and keep up the monthly payments to save it from foreclosure. We have been making these payments for 3 years now. One lawyer told us we had to have all 5 other children sign off rights to the house before we could get it in our name to assume the loan. Another told us that it did not have to be part of the estate because so much was owed on the property. There are about $5,000.00 worth of bills against the estate that I assumed we were responsible for paying since my husband is executor over the estate before we can close the estate. I was also told that if there are no funds in the estate those bills would be void. Everyone is telling us different information. Please help.

Mrs. Smith


Asked on 10/18/10, 10:35 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

As executor, you do not automatically assume responsibility for paying any debts of the estate. However, in general, if you are inheriting property with liens attached, you would be responsible for those. Without seeing the will, I could not tell you what needs to be done with the siblings and the house.

I would recommend taking all of the estate information to an attorney who is experienced in Probate, and limits his/her practice to such. Many attorneys are general practitioners, and no attorney is an expert in every area of law. That does not mean that the attorney is not correct in his/her legal opinion, but the reality is, the more you practice a certain area of law, the better your expertise. Kentucky does not certify specialties, but attorneys can and do limit their practice to just certain areas.

Ask for a formal legal opinion in writing as well, that would outline the applicable law/legal basis for his/her opinion. That will likely cost you a few hours of work, but certainly worth it to avoid any future problems.

Your zip code indicates Western KY, and I know by reputation that English, Lucas, Priest & Owsley in Bowling Green has a probate division with excellent attorneys.

Read more
Answered on 10/24/10, 1:20 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kentucky