Legal Question in Wills and Trusts in North Carolina

My mom passed May 31, 2010, she had a few credit card debts, one relative large, can they go after her home if no estate is opened?

Thanks for whatever advice you can offer.


Asked on 9/17/10, 7:13 am

1 Answer from Attorneys

You do not provide enough information. Was her home owned free and clear? Owned just by her or with someone else (like a husband?) If owned with another, was this a tenancy in common or joint tenancy with right of survivorship or tenancy by the entireties.

Bottom line - if there are assets, then the heirs cannot refuse to pay the bills and keep the assets. Claims or debts of the estate must be paid. If there is not enough money in the estate, then assets like a home have to be sold and the funds used to pay the claims. If the money is insufficient, the claims are paid in order of priority and can be settled for less than the amount of the claim. If there is enough money, then the claims are paid in full. If there is money left over from the sale of the residence, then it gets returned to whomever would have been heir to the residence.

Read the will - often the personal representative has to ask permission from the court to sell any real property. My advice would be to get an attorney to assist with probate of the estate and paying any claims.

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Answered on 1/13/11, 1:52 pm


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