Legal Question in Wills and Trusts in Tennessee

I am an only child living in the state of Tennessee. My mother age 88 has been in a nursing home for the past 4 years and is now on Medicaid after borrowing to the max on her home to pay for medical expenses. Since I am her sole heir my question is this: when she dies will I inherit the mortgage on her home ? Can I refuse to receive this real estate? Ir what should I do to protect my family and our finances? The state of Tennessee will claim any funds on her home if sold even though I have made payments on it for several years. I just do not want to inherit this huge debt. My mother worked hard all her life and she is worthy of the medicaid and Medicare funds. Thank you for your help. Mary Ann


Asked on 12/30/11, 6:44 pm

1 Answer from Attorneys
Ryan Nevin Nevin Law Firm

You don't need to worry, you do not have to inherit debt. If you want to inherit the house, then yes you must inherit the liens that are attached to it, which would include the mortgage. However, it is not required that you accept the house.

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Answered on 1/03/12, 10:16 am


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