Yuma, AZ asked in Probate for Arizona

Q: Hello,My mother recently passed away and I have been left the executor of the estate. She has a large amount of debt

Though I promised her I would not sell the house. Her partner of 17+ years and I are currently living in the residence. If we lose our home we will have nowhere to live... I want to do everything possible to keep the property. During probate can I re-finance the house to pay the creditors? The will left the house to me and I would happily make the mortgage payments to keep our home.

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1 Lawyer Answer
Stephen J Gonzalez
Stephen J Gonzalez
  • Probate Lawyer
  • Tucson, AZ
  • Licensed in Arizona

A: You should see a probate lawyer. There are inexpensive title transfer procedures available and you need counsel as to handling of the debt. You are not responsible for your mother's debt. The estate assets are subject to that debt and only to the extent there is value.

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