Making Ky. will, ex. court ordered to pay off mortgageon my home, how to write in will to make sure he pays in full if I die first?

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Making Ky. will, ex. court ordered to pay off mortgageon my home, how to write in will to make sure he pays in full if I die first?

Asked on June 23, 2009 under Estate Planning, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not sure that you need to make any special provision in the will for this, although I would make sure that a copy of the divorce decree (and/or any other court orders) that require your ex to pay off the marriage is kept with your will, and that your executor knows about this.  The executor's basic duty to handle the estate would include going to court if necessary to enforce that, and as executor he or she would be able to get this done.

I'm not a Kentucky attorney, and there are some variations in the law from one state to another.  For advice you can rely on, you need to have all the facts reviewed by a lawyer in your area.  One place to find counsel is our website, http://attorneypages.com


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