Legal Question in Wills and Trusts in Maryland

I was willed a house. What is going to happen to the house if the deceased has more debt than cash?


Asked on 2/16/10, 9:23 pm

2 Answers from Attorneys

Richard Abraham Abraham & Bauer, LLC

Based on your question it is my understanding that decedent's will names you to inherit a house and that you are not a co-owner named on the deed and are not named as a beneficiary.

In Maryland, each creditor has a finite amount of time to file claims with the Register of Wills, the attorney representing the estate and/or the executor. If the creditor misses the deadline they are normally barred from collecting on the debt. So the amount of debt surviving decedent may or may not still be up in the air as your question did not detail when the person died.

Also in Maryland, net estates (after debt) are distributed. So if the estate is illiquid after the time period to file claim has expired, the estates assets are available to pay that debt. There may be ways to preserve the house but space limitations here will not allow a review.

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Answered on 2/22/10, 5:22 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Are you a personal representative?

A named beneficiary is an interested party which brings certain rights. We'll need to discuss your interests and what you would like to pursue.

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Answered on 2/22/10, 9:43 pm


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