Legal Question in Wills and Trusts in Maryland

Leaving Property to Heirs in a Will

I was left a home by my late grandmother. It clearly states in her will that the home is specifically left to myself. My grandmother has no other assets. Does the house have to be sold to pay her debts? It was my understanding that since she specifically named me in the will to receive th house that it was off limits to creditors. the house is 100% paid for, but my grandmother has about 65K is debt, plus the fees for her estate lawyer. Her estate lawyer is telling me I have to sell the home to pay her fees, is this true?


Asked on 2/17/10, 5:53 am

3 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

The short answer is Yes. Unless your grandmother had other assets sufficient to pay off her debts, then what she did have in her name at the time of her death would need to be sold to pay off her debts.

If the house had been transferred by title during your grandmother's life, then it would likely have been off limits to estate creditors. However, the will can only control paying out what is left in the estate after legal claims get paid. (otherwise no taxes or creditors would ever get paid out of an estate) Maryland law describes the priority of payments, but basically any probate assets go first to probate taxes, estate expenses and creditors and then whatever is left gets distributed per the will.

That being said, if you really want the home to live in, you may want to explore alternatives to selling the house. For instance, if you are able to secure a loan against the house or otherwise pay off the debts it may be possible to transfer it to you (rather than the house being sold to a third party which would naturally also incur additional expense for marketing and sale).

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Answered on 2/22/10, 6:42 am
Richard Abraham Abraham & Bauer, LLC

Whoever told you the house is unavailable is incorrect!

Estates distribute only after all costs, fees and valid debt have been paid. So the net estate is distributable. If the house was titled in your grandmother's name alone and did not name a beneficiary it is an estate asset. and is therefor available to pay off all valid debt, costs and fees in the estate. Selling it may be the easiest course of conduct but, you may want to investigate other options.

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Answered on 2/22/10, 7:29 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Property can be held up in probate for any number of reasons. I'd need to see the probate estate to provide an opinion as to your ability to retain the property. Many matters come into focus such as valuations and marketability, not to mention issues with creditor claims. Contact me for legal assistance.

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Answered on 2/22/10, 9:32 pm


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