What to do if my mother died without a Will leaving a home that has an equity loan on it?

UPDATED: Mar 15, 2013

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What to do if my mother died without a Will leaving a home that has an equity loan on it?

I know I have to go through probate court. If I become the executor of her estate will I be responsible for her debts?

Asked on March 15, 2013 under Estate Planning, Alabama


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

The executor of a person's estate is not personally responsible for the person's debts.  A person's debts are paid from the assets of the person's estate.  If the assets are insufficient to pay the debts, the creditors are paid a proportionate share.

You should consult an estate lawyer in your area about this.  If your mother's estate is sufficient to pay the equity loan and pass the house to her heirs, then it is worth your time and expense to probate an estate.  If her estate is less than her debts, you may not want to expend your time and money to probate an estate.  Consult a lawyer about your options.

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