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My Dad passed away 3 months ago. 5 years ago he placed his home in a Life Estate transferring ownership to me. He also had a will naming me as sole heir ( although I do have a sibling) He "excluded him" and it is stated in the will. Upon his demise he held a small amount of money in a joint account with me which I have since used to pay off his outstanding debts. Yesterday a bill for $8000.00 was mailed to his home for a loan that he had taken out 3 years ago that I was never aware of. There is not any monies left to pay this. Am I now responsible for paying this? Do I have to probate his estate as there is nothing left?

Do I have to probate

In Massachusetts, there is no obligation to go through the probate process if there are no probate assets. Based on what you have described, it does not appear that your father had any probate assets. The joint bank account and the real estate have both passed to you by operation of law on your father's death OUTSIDE of the probate process. Therefore I am not sure why you would need to go through the probate process.

You will need to file an original death certificate and a estate tax affidavit with the proper registry of deeds to establish clear title to the real estate in your name. I would also close the joint account and transfer the remaining funds into one of your own accounts. Finally, you are technically supposed to file the original will in your posession with the proper probate court - despite the fact that you will NOT be seeking the allowance of the Will.

Your father's creditors can generally only recover against his probate estate - so again you should be fine. You did not indicate whether the $8,000 was secured by the real estate. If it is, then you will have to do something because despite the fact that the real estate passed to you on your dad's death, you would take the real estate subject to any security interest that existed on his death. If it was an unsecured loan - then you are fine. If it was secured by a mortgage on the real estate, then you will have to deal with it at some point.

You will most likely be hounded by creditors for a while - who may make all sorts of erronious statements and claims. In general you can ignore them.

Hope that helps.

Peter

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