Legal Question in Wills and Trusts in Massachusetts
wills
if i die and the house is in my name and my will is made out to my wife as sole owner and i still owe a balance does she get the house free and clear
5 Answers from Attorneys
Re: wills
No. She gets the house subject to any debt which goes with the house. The debts go with the house.
If you have any questions, contact me.
Re: wills
As the others indicated, your wife does NOT get the house free and clear. To elaborate, as part of the probate process, the executor of your probate estate must pay off all valid creditor claims, including the loan/mortgage on the house.
Re: wills
No, any secured creditor is entitled to payment of the debt owed, so if you
have a Mortgage your wife will have to pay the mortgage.
Re: wills
If you are considering making a will, you should consult with an attorney in your area. He or she will be able to answer questions such as these. Forms from the web are no substitute for good legal advice specific to your situation.
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