College Student Inheriting Family Drama

[yesandyes]

Hi to all on FA Legal Forum!

I am a college student whose mom is a very hard worker and is the main reason for my strength. In 2006 my family moved to Hawaii and lived in my grandparents home because rent was to high to live on our own. Since then I have graduated high school and entered college. Both of my Grandparents have passed in the last year and have left a mounting amount of debt. My parents (mom especially) has had to bear the burden of this ordeal. The thing is she is not the only living relative of my grandparents living in this home.
I have two uncles and an aunt living there as well nottaking any responsibility as far as the debt. My aunt is the next of kin but, as far as I have seen on this site that is not the order of inheritance in a probate process. How do we get off the ground to take action?

 

[anteater]

Someone, most likely your Mom since you indicate that she is the most responsible, needs to open probate for the estates of your grandparents.

Who actually owns the home? If your grandparents had a large amount of debt, it is possible that the home may have to be sold to satisfy their creditors.

I assume that your Mom, the aunt, and the two uncles are siblings - the children of the grandparents. If the grandparents did not have wills, then the 4 would receive equal shares of the estate(s) under intestacy. I am guessing that, by "next of kin," you mean that the aunt is the oldest. That is not relevant.

Since you are dealing with the death of both grandparents, this could get complicated. It would be best if your Mom consulted with a few probate attorneys and retain one that she is comfortable with to begin the probate process.

 

[Dandy Don]

The surviving heirs are NOT responsible for paying off the grandparents' debts. Those amounts will unfortunately have to remain unpaid and the creditor companies will eventually write it off as bad debt.

 

[anteater]

The surviving heirs are NOT responsible for paying off the grandparents' debts. Those amounts will unfortunately have to remain unpaid and the creditor companies will eventually write it off as bad debt.

Unless the OP's grandparents resided in a rental that would allow at least 7 adults and at least one child, one must conclude that the grandparents owned the home and, therefore, there are assets in the estate(s) with which to pay the creditors.