No will, but more debt than assets.

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No will, but more debt than assets.

My mother’s husband died without a will. He ownes 3 cars he purchased with a credit card which are worth about 30 k. Last year we re-mortgaged their paid for home with a market value of $140k for $120 k . Does she need to go through probate?

Asked on June 18, 2009 under Estate Planning, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the house was held with rights of survivorship it passed to you Mother "by operation of law" upon her husband's death.  In other words, nothing need be done as it is now your Mothers alone.  Does he have credit card debt?  If the credit cards were in his name alone your Mother may not be responsible for the debt owed.  If the cars are titled in his name transferring title may be an issue. Are they owned outright?  You should see an attorney on a consultation basis regarding what is required in Minnesota for the above.  This way your Mother is free and clear to deal with the loss of her husband rather than debt and money issues. 


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