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Eldercare
Reply to "MIL’s will has left kids fighting"
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[quote=Anonymous][quote=Anonymous]14:18 Nope, you can’t legally force 3 heirs to forego their inheritance so that the 4th heir/executor gets a debt free house. It doesn’t matter if the deceased emptied her retirement accounts giving it to one of her kids. It doesn’t matter that one of her kids lived there debt free. 1. Gather and add up all debts. 2. Get a good appraisal for the house, contents, land and car. All assets should be valued at fair market minus any debts specifically against that asset. 3. Identify by % for each heir. Ie DD1 70, DD2 and sons 9 each , grandchildren each 1.5 ..guessing on numbers but you get the points. 4. All non specified assets contents of house, any money in accounts should go toward debt. 5. If the value of the assets is more than the remaining debt. Divide the rest of the debt against the heir %. No heir should be responsible for more debt than their %. Each heir can decide to sell their asset or % to pay the portion of debt. Or personally pay off their portion of debt and keep their % of debt. You do need a lawyer to do this. SIL eyes will gleam as she happily pockets your checks and then claims no debts were paid. [/quote] it's not that one of her kids lived there debt free, it's that she cared for their mother in her last years. She labored for her - the pay was the house.[/quote]
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