Legal Question in Wills and Trusts in Missouri
My wife is trying to settle her mother's estate in MO. Her sister owes on credit cards. Must this debt be paid out of her mothers estate before my wife receives her portion?
Asked on 4/01/10, 6:21 am
1 Answer from Attorneys
Richard Herndon
Richard J. Herndon, Attorney at Law
In all likelihood, no. The estate will be paid out according to the terms of the will, or alternatively, the laws of descent and distribution, after the appropriate proceeding in the probate court has concluded. What happens to the sister's portion is largely irrelevant.
You should, however, consult with the attorney assisting with the probate of the estate.
Answered on 4/06/10, 6:46 am