Legal Question in Wills and Trusts in Pennsylvania

wills and probate

If there are three heirs to an estate,is it true that if one sister owes a large amt of money to a company ,can the company she owes it to take all proceeds from the estate and the other two heirs will be left with nothing? The will states the estate will be sold and divided equally.


Asked on 8/20/08, 5:29 pm

2 Answers from Attorneys

Soleiman Raie Joel Every & Associates

Re: wills and probate

the deceased's liens and judgments can end up taking all of your inheritance, but an heir's liens and judgments are only entitled to that person's share of the inheritance. for example, if the deceased left 100,000 to three heirs, with no judgments and liens against the deceased, then each heir would receive 33,333. If one heir has millions in debt, the creditors can only take from the 33,333. Nothing more. Call me if you need help with this legal matter.

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Answered on 8/21/08, 10:36 am
Jason McCready Jason M. McCready, Atty. at Law

Re: wills and probate

The company can only come after the money owed to the sister under the will. Thus, if she will inherit 1/3 of the estate, her creditors can only come after that 1/3.

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Answered on 8/20/08, 5:32 pm


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