Full question:
My mother died and she willed her home to her children. If we keep the home in the family and not sell it, can someone filed a lien or get money for credit cards or other debt she owed?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: North Carolina
Answer:
Probate law has to do with the handling of an estate when someone, such
as a family member or other loved one, passes away. These are the laws
that make sure that the creditors are paid properly and that assets are
distributed to the “heirs,” or the descendant.
Probate is a legal process that begins with a “petition” (a request) to open
the estate and name a personal representative who is responsible for the
administration of the deceased’s property. The next step is when an official
Notice of Creditors is printed in a local newspaper and Notice of
Administration is sent to other involved parties. Creditors then have a set
amount of time to file their claims from the first date of publication. Then the
personal representative can pay the debt and distribute the remaining
estate. Finally, a petition for discharge is filed, and the estate is closed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
