Legal Question in Wills and Trusts in Maryland
My mother has a life estate without powers. Her 4 daughters are on the deed to inherit the property, but Mom may have judgements against her for unsecured debts (mostly credit cards), so are we responsible to pay those when we sell the house?
Asked on 10/07/11, 8:39 am
1 Answer from Attorneys
Paula McGill
Attorney at Law
Once your mother dies, the house is not longer in her estate.
As a result, the unsecured debts have to be paid from her estate (bank accounts, furniture sale, etc.).
Although creditors often try to guilt the family into paying for the debts, the family members shouldn't be bullied into paying for debts out of their own pockets.
Now, the exceptions may pop up if there were liens on the house BEFORE the life estate was created. This can be verified through a simple records search.
Answered on 10/07/11, 8:59 am
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