My father died, and the house is in his name. I am disabled, and was before the age of 18. Can probate force me to sell the house to pay debts?

Question Details: My father died and I am not sure if he had a will. Can probate force me to sell the house I am living in to pay off his debts, even though I am disabled.?

Asked 11/20/2009 under Wills, Trusts, Probate | 261 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

A will speaks at the time of death.  It is important to know if your dad had a will or not.  if your dad did not have a will and the house was in his name alone, the house will be a part of the estate and may be auctioned off the repay his debts and expenses.  the remaining proceeds of the sale of the house will revert back to the estate to be divided up among his heirs. You should go to the probate court in the town that your dad lived in to find out if an estate was ever opened and if there is a will on file.  if you know who your dad used as a lawyer, the lawyer would be the first person to start with to find out whether or not your dad has a will as this lawyer is likely the person that drafted it.  You being diabled has no bearing on whether the house may be sold to repay the debts.

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