Legal Question in Wills and Trusts in New York
Will the unpaid bills of my deceased father prevent tranfer of the deed?
My father passed away in January, and his sister is the executor of the estate. His house is all paid for htere is no mortgage, and all bills that were able to be paid are paid he has a cell bill of approx 4049.00. I am buying his house, will this bill if unpaid prevent me from buying the house, or will the courts demand that I pay this bill in order to buy the house, or will they put a hold on his house until the bill is paid in full? What does it mean to Probate the will?
2 Answers from Attorneys
Re: Will the unpaid bills of my deceased father prevent tranfer of the deed?
Probate is the process of proving the validity and authenticity of a will. Who are you buying the house from? From your father's estate? From your sister? The cell phone bill is the responsiblity of the fiduciary (in this case, the executrix).
You should consult an estate attorney to assist you determining the legal and tax implications of your proposed purchase and sale. Feel free to contact my office for a free consultation.
Re: Will the unpaid bills of my deceased father prevent tranfer of the deed?
"Probate" means to prove the will. The cell phone bill will be a debt of the estate, but will only be a lien against the house if a judgment was obtained and filed in the county where the house is located.
You do not state who inherits under the will.
Consult a knowledgeable estate attorney.