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Does an estate need to go through probate/

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callensworth

Junior Member
What is the name of your state (only U.S. law)? AL
My Father died one month ago. Less than a week later my Mother contacted all his debtors to let them know he had passed and to work out some payment plan for her so that she could pay off his debt. Everyone was very helpful except one bank. The debt he had was in his name only. My Mother wanted to pay the debt so that it would not involve any part of the estate that he had. She went to a lawyer and petitioned to become the executor of his property because he did not leave a will. It was also in the hopes of making sure everything got paid without taking what property he had. My Dad had property that he and my mother bought we they got married but had to move so that my mother to take care of her mother. The property they lived on belonged to my grandmother but she put it in my mother's name when she was ill and was not sure how long she was going to be around. The lawyer told my Mother that because my Father lived with her on that property that if any debt was not paid that they could take that property. That has my Mother terrified. Now it has been 3 weeks since my Mother started this process with the lawyer. They told my Mother now she has to pay a bond for the estate. This has become a nightmare that my Mother does not need to deal with. My Father had life insurance but not enough to cover the entire debt owed. She plans on paying off the debt with the life insurance money but she will still owe around 5,000 dollars. The lawyer she has given her the run around, brushed her off like her concerns were not important, and has been very vague on what is the best recourse to take. Any advice would greatly appreciated and needed.
 
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Dandy Don

Senior Member
What is the value of the "property" if it were to be sold? The lawyer may have inadvertently misinformed your mother--the creditor can not take the property but the creditor can file a lien against it for the amount of debt that is owed so that when/if the property is sold in the future, the debt would be paid first after the proceeds were received.

A consultation with another probate attorney might be needed to determine whether it would be advisable for her to go ahead with probate or not, and stop using the one she has already consulted before. She had good intentions in wanting to settle the debt but it would have been better if she had never opened up probate.
 

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