Legal Question in Wills and Trusts in Pennsylvania
will they have to sell the house to pay debts
My grandmother has a trust, in it she names one of her four children to get the house and pretty much every thing in it. The house had a $40,000. loan on it, and she has a sizable amount of debt. The other children feel that in leaving this property to her, she will loose the house because being disabled she is not in a financial position to maintain the property and bills with it. My question is this, because of the debt that my grandmother has, even though she wrote it in a trust that the house goes to this daughter, can the other children fight to have it sold to be equally divided, or will it be forced into sale to pay the debt that is already there.
1 Answer from Attorneys
Re: will they have to sell the house to pay debts
For a definitive answer, an attorney will have to look at the trust that was constructed. There is a very good chance that the trust is an invalid trust and the assets will have to pass through probate.
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