Legal Question in Wills and Trusts in Massachusetts
Sufficient money, debt not paid
My father in law passed away in Aug. of 2005. He had alzheimers and my sister in law took advantage of this and had everything left to her. He was a wealthy man and left her his condo worth $700k free and clear. She sold the condo and bought a new one, yet there is over $100k in debt of his that is not being paid. How can we make her pay this debt as it is an embarrassment to his honor.
2 Answers from Attorneys
Re: Sufficient money, debt not paid
If your sister in law did not open an estate for your father in law, then the creditors can petition to have it opened and seek an accounting of all your father-in-laws assets. However, if your father-in-law made a legal gift to your sister-in-law, and it was not done to defraud creditors then she has no obligation to pay the money.
It is best to leave it to the creditors and stay out of it. If they want to try and get the money from her they will find a way.
It is not a reflection on your father-in-law, it is a reflection on your sister-in-law. If your family is a creditor, that is something different. My advice is if you have no personal loss as a creditor that you seek to address, let it go.
: Sufficient money, debt not paid
If you suspect that your sister took advantage of your father when he was not mentally competent to make deicisions, then you chan challenge her acts in court.
Embarrassment to one's honor is no basis for challenging a legal wrong doing.
SHould you need assistance or have any questions, contact me.
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