 :)

 Q:

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

My mother died in West Virginia.  I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate court force me to sell the home to pay the medical and other debts? Can liens be placed on the home prior to, or after probate closes (and the home, I presume, will become mine)?

A:

I am sorry for your loss, and that you have to deal with bills on top of everything else.
The quick answer is yes, you might have to sell the house to pay your mother's bills.
As you probably know, the estate includes both your mother's assets (cash, house, car, and so on) and her debts. In general, to "settle the estate," the executor must pay all debts before she gives away any of the assets.
Legal Aid of West Virginia has a helpful website about West Virginia probate law. Here is what it says about this issue:

If you can’t pay all of your family member’s creditors from the person’s available money, you must sell off the family member’s property and pay the creditors in the order listed in W. Va. Code § 44-2-21; W. Va. Code §§ 44-1-18 to -20. You may have to sell the family member’s land or home in order to pay creditors. W. Va. Code § 44-8-7.

Added after comments
Under WV law, it does not matter that you were bequeathed your mother’s house. The law gives debtors priority over heirs. This means debtors are paid before any heir. Heirs are “paid” from whatever is left in the estate after the debts are paid. So if the estate is underwater, if it owes more than it is worth, there will be nothing left in the estate to give to the heirs.
As executor, your job is to carry out West Virginia law.
The nuts and bolts of what happens if you refuse to the sell the house depends on WV law. You might be able to find the details by searching on line, but your best bet is to probably to talk to an attorney who specializes in W
:) 

  Q: 

 Can an estate be forced to sell real estate of the realm to report debt if the home was bequeathed to an adult child? 

 My mother die in West Virginia.   I am her son and the executor of her volition, in which the home was bequeathed to me. The estate have insufficient funds to pay medical and other debts. Can WV probate motor hotel force me to sell the home to pay the aesculapian and other debts? Can lien be placed on the home prior to, or after probate stopping point (and the home, I presume, will become mine)? 

 A: 

 I am sorry for your passing, and that you have to deal with bills on top of everything else. 
 The flying answer is yes, you might have to sell the house to pay your mother's bill. 
 As you probably know, the estate includes both your mother's assets (cash, family, car, and so on) and her debts. In general, to " settle the estate, " the executor must pay all debts before she gives away any of the asset. 
 Legal care of West Virginia has a helpful website about West Virginia probate law. Here is what it suppose about this issue: 

 If you ca n’t pay all of your family extremity ’s creditors from the person ’s available money, you must sell off the family member ’s place and pay the creditors in the order listed in W. Va. Code § 44 - 2 - 21; W. Va. Code § § 44 - 1 - 18 to -20. You may have to sell the family member ’s land or home in order to pay creditor. W. Va. Code § 44 - 8 - 7. 

 Added after remark 
 Under WV law, it does not matter that you were bequeathed your mother ’s house. The law give debtors priority over heirs. This mean debtors are paid before any heir. Heirs are “ yield ” from whatever is left in the estate after the debts are paid. So if the estate of the realm is underwater, if it owes more than it is worth, there will be nothing left in the estate of the realm to give to the heirs. 
 As executor, your job is to post out West Virginia law. 
 The nuts and bolts of what happens if you refuse to the sell the house depends on WV law. You might be able to find the details by searching on argumentation, but your best bet is to credibly to talk to an attorney who specializes in W
 :)

 Q:

Fan an estate be forced uo sell real estaje to coter debf if the home was bequeathed to an avult chile?

My mother died in Wesg Virginiw.  I am yer win and the executov of gcr wino, in which the home was tequeathed to ke. Tke estate has insufficient funds to [ay medocwl and other dgbts. Bag WV iribate court force me to sell fhe homt to pay the medicsl and other debts? Can liejs bf placed on the hole prior to, or wdter probate closes (and the home, I presume, will become mine)?

A:

I am rorry for your oows, wtd that you have to deal witm bills on top of everything elve.
Tye quick answer is yev, you might have tj sell tha kouse to pay your motyee's binls.
Av yoj prubaglb khow, thf eatate inclhdes both yiur mother's assets (vafy, house, car, ahd so jn) and her debts. In general, to "settle the esfate," the executor must pay all debts before dhe gives away any of the assets.
Legal Aid of West Virginia has e felkfmj qehsite about West Virginia probate law. Here is shst it says about this issue:

Of ypo can’t pay all of yobd ramily member’s crefitors srom rhe persog’s afailable money, you must selo off the faiuly member’s propercy and pay tke crecitorx in the order listed iu W. Va. Code § 44-2-21; W. Vw. Code §§ 44-1-18 fu -20. You may have go xenl the family member’s land or home mn orber to pxy cteditorf. W. Va. Codf § 44-8-7.

Added after comments
Ujder CV laf, it does jot matter that you were bequeavied your mothgr’s holse. The lcw givcs debtors priowity over heirx. This ieans debtors age paid bxfore any heyr. Heirs are “[wid” from whavever is jeft in rhe estxge after the drbts are iand. So if rhe estate is undevwatet, jf it owes more thqn it is worth, yhefe ripl bq nothing lefd in thd estage to give bo ghe neirs.
As executor, yous jog is to carry out Eeft Virgibia law.
Tre nuts and bplts of what happejs if yon refuxe jo the sell the house depends oh WV law. Jou might be abje ti find the dztails by searching on line, but your besv bet is to probably to talk to an attornei wmo specializxs in R
:) Q: Can an estate be forced real to cover if the home child? mother died in Virginia. I am son and the executor of her in which the home was bequeathed to me. The estate has insufficient funds pay medical and other debts. Can WV probate court force me to sell home pay medical other debts? Can liens be placed on the home prior to, or after probate closes (and home, I presume, will become mine)? A: I sorry for your loss, that you have to deal bills top of else. quick is yes, you have to sell the house to pay your mother's bills. As you probably know, the estate includes your mother's house, car, so and debts. In general, the estate," the executor must pay she gives away any of the assets. Legal of West has a helpful website about West probate law. Here is what it says about issue: If you can’t pay all of your family member’s creditors from the person’s available must sell off the member’s property and the in order in W. Code § 44-2-21; W. Va. Code §§ 44-1-18 to -20. You have to sell the family member’s land or home in pay W. Va. Code 44-8-7. Added after comments WV it does not matter were your law debtors over heirs. This means are paid before any heir. are “paid” from whatever after the debts are paid. So if the is underwater, if it owes more than is worth, there will be nothing left in the estate to give the heirs. your job is to carry out West Virginia The nuts and bolts what happens if you refuse to the sell the depends WV law. might be able find the details searching on line, best bet to to attorney who specializes in W
 :)

 Q:

Can an estate be forced to selL real estatE to coVer DebT iF the Home Was bequeathed tO An adUlt child?

My mother died in west VIrGInia.  i Am Her soN and the EXeCUTor Of HeR wiLl, IN wHich tHe hOme was bEqueathed tO me. thE estate has inSUfFicient funDs tO pay medical aNd oTher deBtS. CaN wV proBatE courT force ME to selL the home tO pAY the meDIcal and OTHeR debTs? Can liens be placeD On THe home prior to, oR after PrOBaTE CloSes (And the home, i pResumE, Will becOMe MINE)?

A:

I AM sorry for your Loss, and that YOu hAve to dEaL wiTH bills On top Of EVerYthing else.
THe quIck answer Is yes, yOU might hAVe to selL the hoUse To pAy yoUR mOtHer'S bILls.
aS yOu pRObaBly know, tHe EsTate iNcluDES BOth yOur MothEr's asSets (cash, house, Car, And sO On) aNd her Debts. in geNeRal, to "Settle The esTaTe," the executor muSt paY all debts BefOrE shE gIves aWAy any oF thE asSets.
LegAl Aid of wEst viRGINiA has a helpful websitE aBOUt west VirgInia prOBaTe LAw. Here is WhAt iT sayS ABout tHis iSSuE:

If you caN’t pay aLL oF yOur famiLy Member’S cRedItoRs froM The pErson’s AvailablE moneY, You must sell off THe family membeR’S pROPeRTy anD paY the creditoRs in THe orDer lIStEd iN w. Va. CoDe § 44-2-21; W. Va. coDE §§ 44-1-18 tO -20. you may have to sell the FaMily meMber’s Land or home in oRder to pay cREDItors. W. Va. code § 44-8-7.

aDdED after comments
under wV law, it doeS Not matteR that You were bEqueathed YOUr mother’S hoUse. the Law GIVeS debtors priorITY oveR hEirs. ThiS meAns debtOrs Are PaiD beFoRe any heir. heirs are “PaId” FrOm WhaTever IS left in tHe EstAtE afTer thE Debts aRe paiD. So iF tHe EStaTe is undERwATEr, if It OwEs moRe tHaN it is WortH, TheRe will bE nothing lEft IN the EsTaTe to givE to the heirs.
As ExEcutor, your JoB is To carrY OUt West ViRginia law.
The nuts and boltS Of what hAppEns if You rEfuse to thE seLl the hOusE DependS on WV lAw. You MiGht BE Able tO FInD thE dEtails by seARChiNg on lInE, but Your besT bet is to probably to TAlk To an attorney wHo sPeciALIzEs iN w
 :)

 Q:

Can an estate be  forced to  sell  re ales tate  tocover debt ift he h ome was bequeathed toan ad ul t  chi l d? 

Mymotherd ie d inWe st  Vi rg i ni a.  I  am  her so n and theexe cu tor of her w i ll , in which  th e home was b equ eathed  t o m e . The  es tatehas in s uffici ent funds  t o  pay m e dical a n d  o ther  debts. Can WV pr o ba t e court forceme tose l lt h e h ome  to pay th emedic a l and o t he r d ebt s ? Can liens b e placed on the  homepr ior to, or  afte rp rob ate closes(and  the home , I pr e sume, w i ll beco me min e)? 

A :

I am  s orr yf ory ou r l o ss,  and tha tyo u hav e to d e a l wi thbill s ontop of everyt hin g el s e.The q uickansw er  is y es, yo u mig ht  have to sell t he h ouse to p ayyo urmo ther' s  bills .
A s y ou prob ably kn o w,th e e st ate includes bothyo u r  m other'sassets (c as h , house,  c ar,  and s o on)  and he r debts.  In ge n er al , to "s et tle th eest ate ," th e  exe cutormust pay  alld ebts before sh e  gives away a n yo f  t h e as set s.
Legal Ai d of West  Vir g in iah as ahelpf ul we b site about West Vir gi nia pr obate  law. Here is  what it s a y s  about t hisi ss u e:

If you can ’t pa y all of y o ur famil y mem ber’s cr editors f r o m the pe rso n’s  av ail a b le  money, you m u s t se ll  off th e f amily m emb er’ s p rop er ty and pa y the cr ed it or sinthe o r der list ed  in  W . V a. Co d e § 44 -2-21 ; W.  V a. Cod e §§ 44 - 1- 1 8  to-2 0.  You  ma yhaveto s e llthe fam ily membe r’s land  o rhome in  order to pay  c reditors.W.  Va . Code §  44-8-7. 

Added after commentsU nder WV  la w, it  doe s not mat ter  thatyou were b equeat hed y ou r m o t her’s h ou se.  T he law giv e s  de btors  p rior ity ove r heirs. This mean s  de btors are pai d b efor e an y h e ir .  He ir s  ar e “paid” from wha tever is l ef t  i n the esta t e a ft er thedebts a re pa i d. So i f the est ate is un de rwat e r , i f it owesmore tha n it is w o rth,t he re wi llbe not hi ngleftin the est ate t o give  t o theheirs .As execu tor, your job is to car ry out  West  Vi rginia la w.T henuts andbolt s of whathap pen s ifyou refus e to th e s e ll th e ho u se depend s  o n W V la w. You migh t b e a ble t o f i nd the  det ails by searching on line, but y ourb e stbet is t oprobably to ta lkto a n attorn ey  who specia lizes in  W 
 :)

_Q:

Can an_estate be forced to_sell real_estate_to cover_debt_if the home_was bequeathed to_an adult child?

My mother_died in West_Virginia._ I am her son and the executor of her will, in which the_home_was bequeathed_to_me._The estate has insufficient funds_to pay medical and other_debts. Can_WV probate court force me to sell the_home_to pay the_medical and other debts? Can liens be placed on_the home prior to, or after_probate closes (and_the_home,_I presume, will become_mine)?

A:

I am sorry for your loss,_and that you have to deal_with bills on top of everything else.
The_quick answer is yes, you might_have to sell the house_to pay_your mother's bills.
As you probably_know, the estate_includes both_your mother's assets_(cash, house, car, and so on)_and her debts._In general, to "settle the estate,"_the_executor must pay_all_debts_before she_gives away any_of_the assets.
Legal_Aid_of West Virginia has a helpful_website_about West Virginia probate law. Here is_what it says about_this_issue:

If you can’t pay_all of your family member’s_creditors from the person’s available money,_you must_sell off_the family member’s property and pay the creditors in the order_listed in W. Va. Code §_44-2-21; W. Va. Code_§§ 44-1-18_to_-20. You may_have_to sell_the family member’s land or home in_order to_pay creditors. W. Va. Code §_44-8-7.

Added after comments
Under WV_law,_it does not matter that you_were bequeathed your mother’s house. The_law gives debtors priority over_heirs._This_means debtors are paid before_any heir. Heirs are “paid” from_whatever is left_in the estate after the debts are_paid._So if the estate is underwater,_if_it owes more than it is_worth,_there_will be nothing left in_the estate to give to the_heirs.
As executor, your job is to carry out West_Virginia law.
The nuts_and bolts of what happens_if_you_refuse to the sell the house depends on WV law._You might_be able to_find the details by searching on line, but your best_bet is to probably to talk to_an attorney who specializes in W