Liability to State

[joan59lare]

Probate court has settled my husband's intestate estate. In my financial report, there is a mortgage/lien that I signed for money that I used when younger for "welfare". I only inherited debt from my husband, as the home was in his name only. At the bottom of the probate document sent to me, it is decreed that Upon Distribution, as reflected in the Financial Report, the fiduciary will be released from liability with respect to all items shown on the Financial Report. There were no other debts except for the signed lien. Does this in fact mean that I am still liable for that debt or does this mean that the judge has released me from that liability? The real property is devised to me.

 

[army judge]

If you don't understand, I suggest you consult an attorney, a real attorney licensed in CT.

There is no way anyone can properly advise you without reading EVERYTHING, before discussing ANYTHNG.

Your assumption seems sound, but I say that without seing ANYTHING.

Be smart, share your business ONLY with YOUR attorney, not with strangers.

Before you agree to ANYTHNG,make sure you FULLY understand and COMPLETELY comprehend it.

 

[fredrikklaw]

Yes!

JOANE59LARE...

The short answer is yes; your are liable to answer for the mortgage that may still be open on the property, any other loans secured on the same, or indeed any other debts signed for by the testator and secured by property and of course any tax liens, be it county, city, state, or federal.

The rule controlling is quite a simple one, which says that a beneficiary of a property conveyed to him by a testator that is subject to a mortgage signed before the will was made, so inherits the property subject to the same mortgage and covenants. In short order: the conveyance of a mortgaged property does not alleviate the mortgage or the beneficiary's liability to the same.

And for what it may be worth, it is a universally known fact that all tax liens have priority to the exclusion of all other creditor claims, and to boot, the testator's personalty or remainder funds after distribution by the executor cannot be used by you to pay the inherited liability.

fredrikklaw