Mayfield, KY asked in Real Estate Law, Collections and Probate for Tennessee

Q: My dad recently died with a large amount of debt on his house i want to know if that debt gets transferred to his kids?

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Heirs-At-Law take ownership of the real property, then they take the property subject to the Deed of Trust and/or Judgment Lien. It does not become their personal obligation and they cannot be sued upon it. But if the Debts are not paid, the Creditor can foreclose and/or execute upon the real property, with no notice to the new owners. The debt becomes In Rem, not In Personam.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.