Q: My husbands grandmother passed. Do we have to go to probate court?
She had a reverse mortgage on the family home where his uncle (last living child of deceased grandmother) currently resides. We know she had a payment plan with the IRS whom she owed money (amount unknown). She has credit cards and a few loans. A lien is on the house for about $7000. She recently closed her second bankruptsy in 2014 so there isnt any other debt we are aware of.
There is a living trust which lists grandmas children, my husbands father (deceased) and his brother currently residing in the home as trustees. There is nothing else in the trust however. No assets or belongings or anything. The trust simply lists these trustees.
The reverse mortgage company will allow us to purchase the home at the loan payoff price of $290,000. The home is worth over $350,000. We do plan on buying the home by selling ours for the down payment. Are we required to go to probate court? Are we responsible for her debt? Will the IRS come after my husband or his uncle?
A:
Given the complexity of what you describe, I think you probably do have to go to probate court. The case you have there might be really simple, though. You should get yourself a lawyer or at least meet with one to see what is involved. Not every will has to go to probate court. My general rule of thumb is that only the really simple cases (yours does not sound really simple) can avoid going to probate court.
Andy
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