The wisest thing you can do at this juncture is to hire an attorney who specializes in estate planning. It probably won't cost more than a few hundred dollars to have all of your questions answered. I've had to do it and it was well worth the price of admission.

if it says pay off all bills it should pay off the mortgage. if that is done it won't all come out of your share. it doesn't matter what she makes it matters what the will says. your lucky there was a will, in my state she would have gotten all as i did. we were married 33 years and every thing was in my name by right of survivor ship. i was very surprised that his kids did not ask for anything except a couple of keepsakes.

I'm not an attorney, but my understanding is that it depends on how the property is titled. I believe if she inherits the house because they are tenants in common, then it becomes her property (and her debt) automatically. If they are joint tenants, his half of the equity becomes part of his estate. If he wills his interest in the house to her, she gets the equity.

Normally, all debts are paid from the estate and if there isn't enough money to pay all debts, then the house or other real property has to be sold to satisfy debts. I wouldn't see the house as a debt, it's an asset... unless more is owed than it's worth. It's an asset that is encumbered. But, like I said, I'm not an attorney... that's just my opinion.

in my state no one can take the home except the irs if taxes are owed or mortgage co. if payments aren't made. lien's can be placed on property.

Definitely, time to consult an estate attorney.
The stakes are simply too high NOT to.

Question: Was the will written by the attorney she sent that wacko religious email to? And could you simply ask that attorney to clarify?

Stargazer, I think this debt is a mortgage. In any event, I think you have to see a lawyer, and sooner rather than later.

I'm sorry for the loss of your father. You don't need this kindof stress so shortly after his passing. It's sad that it always happens this way.

Get a lawyer and let him/her handle this so you don't stress yourself out more than necessary. Hugs and prayers to your family.

If your father had an attorney, which it sounds like he did, he may be able to recommend somone to you.

In my state, homes are not considered debts. They are investments.

A very good friend of mine's mother died when she was 15. No will. So, in my state, everything goes to surviving spouse. This included her share of the home. He re-married several years later and never had any additional children; just the 3 from his deceased wife. They lived in HIS home (same home he had with deceased wife). He died very very suddenly of a blood infection that the doctors weren't able find until after he died. No will. So the home went to Probate. Probate ordered that the home belonged to the 3 children in equal shares since the home belonged to the father and the mother before the mother died. BUT the court ordered that the wife could live in the home as long as she wants so long as she makes the payments and doesn't default. There is a legal term for it, but I can't remember it right now. She cannot profit off the house whatsoever. BUT, she did get 100% of the profits of the sale of his business and all the equipment.

You all will be glad to know I spoke with a lawyer today, based right there in my Dad's city. (I know *I* am glad.) He will get back to me as to mortgage... But he generally reassured me that if indeed what I've concluded is right regarding interpretation of the will, that she won't be able to just get away with that, and there's no immediate hurry to get into any legal entanglements over it unless/until it becomes a problem. (I'm glad b/c at heart I'm pretty much a pacifist...) But he's got to read EXACTLY what's written in the will and look at the title before we know for sure what's what...

Serenity -- excellent.

Please advice him that you may need a temporary order that nothing be sold until this is sorted out.

Hugs and Hugs.

ashley that is the way it is in my state and i know of a situation similar regarding sisters in arkansas. one sister lived with the mother and when the mother died the home was left to the two daughters. the sister living there did not have to move out and her sister had to wait until the sister died or moved to get her share.

A life estate is the term for the rights to live in the property without being on title until you pass. The property can not be sold when it has a life estate unless the person with those rights signs them away.

I agree with KK - you need to get a temporary stay placed on all assets until this is sorted out. I just don't trust that woman.

More hugs.