Q: My husband passed away, no will. He was the sole owner on the house and one vehicle. Will I be forced to sell home
Husband has credit card debt. There are no cash assets as all bank accounts were jointly owned.
A: When someone dies without a will, the laws of intestate succession apply. Depending on what other family they leave behind, property may have to be split with the children or parents of the person who died. Generally the person handling the estate will want to wait before paying credit card debt off to see what other claims might be filed against the estate - the law gives an order or "priority" of paying obligations in an estate.
Please sit down with an attorney who can take a look at the specifics of the family members, the debts and the assets and help guide you through the process. Even if you decide to handle the probate administration on your own it generally is helpful to get legal advice before opening up the estate.
While this response isn't legal advice or a promise to represent, I hope that the general information helps.
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.