Legal Question in Wills and Trusts in Utah

My Grandma recently passed away. We have sold her home and she had no other assets. Is it the responsibility of her heirs to pay her credit card bills? She was the sole account holder. Does the recently sold home have to go through probate?


Asked on 4/26/10, 12:18 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Grandma's bills are paid from her estate. After all bills and expenses are paid, the balance is divided among the heirs according to her will, trust or intestate succession rules. If her estate does not have enough money, notify the creditors when it is gone. The heirs do not need to pay her bills.

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Answered on 5/02/10, 9:36 am
Randy Lish Randy M. Lish, Attorney at Law

How did you get the home sold after she passed away without going through probate? Until the court appoints a personal representative, there is no one who has authority to sell the house, and even if you carry the contract, if the buyer ever wants to sell the house, there will be a gap in the title, and the buyer will find that the or she can't get title insurance. To reiterate what Mr. Lundgren has said, the bills must be paid before any distributions are made to heirs.

Randy M. Lish

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Answered on 5/03/10, 8:52 am


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