Q: PA. My mother had a will. Has a house she owes 18,000 on, a car that she owes 9,000 on, personal loan she owes 7,000 on
14,000 in the bank. Everything was left to me(her only daughter) and her 4 grandkids. Attorney is telling me I need to use money in the bank, car and sale of the house to pay everything off that she owes including unsecured credit cards and hospital bills. Is she correct? I was hoping to keep the car and the house. She said anything remaining will be split between me and my children. I was hoping not to sell the house. It has a personal meaning for my children and I. Is she correct that hospital bills and credit cards have to be paid by the sale of her house?
A:
Very sorry for your loss and the passing of your mom, please accept my condolences.
If this is your probate attorney and you hired them to handle the probate you should listen to them and trust them as they have all the information from you and related to the probate, this is especially so if this is a probate in another state.
While more information is needed by any Florida Probate Attorney if this is a Florida Probate, the information that you are providing does not sound correct if your mom is a Florida resident. There are Homestead protections if this was her homestead and possible exemptions and costs for funeral expenses and so forth that could or would be applicable. While creditors generally may need to be addressed, they may well not be paid off based on the estate and type of assets. In Florida you would not be required to sell a homestead in order to pay off debts other than those attached to the home and you would have option to continue to just make those payments based on Homestead qualifications.
Matthew Adam Gruber agrees with this answer
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