I'm an only child, unmarried, disabled, living in mom's home. She passed away last month and left me the home. Will I have to sell the home ...

Question

I'm an only child, unmarried, disabled, living in mom's home. She passed away last month and left me the home. Will I have to sell the home to pay her debts?

Answer

The answer depends on a few different things.

First, how was the home left to you? Via a will? Trust? Deed? Intestacy?

Second: What kind of debt are you talking about? Some debts can be set aside as they relate to exempt property. Some debts attach to the property (for example, ad valorem taxes, mortgages, etc.)

Third: Are there any other estate assets?

Fourth: Are you living in the house? Some debts, such as Medicaid, may set aside all or some of the Medicaid debt under specific circumstances.

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