A
agrlthang
Guest
What is the name of your state? NC
My Aunt's husband just passed Sept 23rd. He had cirrohois but was mental compedent 8 days before he died as his Doc let him sign his own DNR. He rewrote his will 6 months before passing to only leave his daughter the home & his personal assets, my aunt still has living trust and was given all the furniture, and a small 11,000 insurance policy. (he found out she was doing drugs and pretty much gave her the boot!)
Now she is contesting the will stating she was to get the 401K and the large insurance of over 180,000 and is asking for everything.
#1 Since my Aunt, his wife, is executor can she insist that the house be sold to pay off his 40,000 in medical bills and approx. 20,000 in credit card bills or will that HAVE to come from the 401K or insurance policy?? (if the house can be sold she can buy herself a nice doublewide and get out from underneath the daughter...she is already threatening to do inspections of the house quarterly...we've already inventoried and photographed everything)
#2 My Aunt is still paying his credit card bills like he was still alive...she's afraid if she tells them he's dead they will come after her. If she's not listed on the accounts don't those have to be paid out of the estate??
#3 Doesn't the estate mean the house, his assest and the insurance policies?? We are trying to do what he wanted and that was for his wife to be taken care of. Ca we force his daughter to sell the house to pay for the debts?
Any help would be sooo appreciated! WE are at our wits ends here! Thanks!
My Aunt's husband just passed Sept 23rd. He had cirrohois but was mental compedent 8 days before he died as his Doc let him sign his own DNR. He rewrote his will 6 months before passing to only leave his daughter the home & his personal assets, my aunt still has living trust and was given all the furniture, and a small 11,000 insurance policy. (he found out she was doing drugs and pretty much gave her the boot!)
Now she is contesting the will stating she was to get the 401K and the large insurance of over 180,000 and is asking for everything.
#1 Since my Aunt, his wife, is executor can she insist that the house be sold to pay off his 40,000 in medical bills and approx. 20,000 in credit card bills or will that HAVE to come from the 401K or insurance policy?? (if the house can be sold she can buy herself a nice doublewide and get out from underneath the daughter...she is already threatening to do inspections of the house quarterly...we've already inventoried and photographed everything)
#2 My Aunt is still paying his credit card bills like he was still alive...she's afraid if she tells them he's dead they will come after her. If she's not listed on the accounts don't those have to be paid out of the estate??
#3 Doesn't the estate mean the house, his assest and the insurance policies?? We are trying to do what he wanted and that was for his wife to be taken care of. Ca we force his daughter to sell the house to pay for the debts?
Any help would be sooo appreciated! WE are at our wits ends here! Thanks!