Can one heir's medical debt take the inheritance from other heirs?

M

M Nickel

Guest
Jurisdiction
Missouri
My two siblings and I are selling my father's house while in probate. My brother's medical debtors want to take the entire proceeds of the house. Can they take my sister's and my portion of the inheritance?
 
My two siblings and I are selling my father's house while in probate. My brother's medical debtors want to take the entire proceeds of the house. Can they take my sister's and my portion of the inheritance?

In a way, YES.
You apparently own the house equally.
If the house is worth $90,000, each of you has a $30,000 interest in the house.
If one of you owes a debtor $50,000, the debtor has a few options.
The debtor could place a lien against the home.
The debtor could try to have the home sold to satisfy the debt.
You and your other sibling have options, too.
The easiest is to go to court and have the home partitioned.
That means the court will order the home sold and the profits divided equally.
I suggest you discuss how to do that with a lawyer.

If you're already at it in probate, let the sale continue.
Eventually the profits will be divided equally among you three, and the shadow debtor will seek to take your indebted sibling's portion.

That is no skin off your back.
 
You need to be sure you each get your equal share of the house. Get a lawyer if necessary. You are not required to pay your sibling's medical debt.
 
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