New York  |  Wills and Trusts

Legal Question

Asked on: 6/28/12, 2:07 pm

My father died intestate. He is half owner of a small property in New York state. There are three adult children and I have been named administrator. We have a lawyer assisting us. The amount of debt is almost equal to the amount we expect to receive for the sale of the house. There are no other assets. One of the siblings does not want to pay the creditors stating that the money from the house sale should be divided between the siblings. The lawyer (and I) say that creditors have to be paid first. Who is right and what would happen if we refused to pay credtors and divided the money between siblings?

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