Legal Question in Wills and Trusts in New York
My mother passed away in May 2009. My father passed away in June 1976. My mom's will was not filed in court and I never signed off on her house when my father died. Now my brother and sister are trying to quickly transfer the deed of my mom's house to my nephew rather than letting the house and debts be settled through probate. There is about to be a lien put on the house to settle my mom's nursing home bills so my question is, if this happens, who inherits my mom's debt?
1 Answer from Attorneys
The debt is the responsibility of the estate. Therefore, when father passed in 1976, house went to mother automatically (assuming the house was in both father and mother's name). When mom died, house goes to the estate as an asset. The asset of the house must be used to pay the estate's debts (the nursing home bills).
Mike.
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