Re: Probate question - Posted by John Merchant
Posted by John Merchant on April 11, 2006 at 19:50:11:
Generally and normally, the creditors of the deceased would be entitled to any “net” assets of the estate, after probate and lawyers’ costs in probating it.
So those CC companies are probably going to be standing in line for the first dollars and your wants will then come into play.
I’ve seen RE and MHs actually bought, with court’s blessing, out from under such creditors, when the court decided the property was worthless or too much debt, etc.
Your lawyer could prepare a motion to allow such a sale to you at the price you agree on, and if the court, after a hearing on that motion, agreed with you, you could so proceed.