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Generally, mother's estate is responsible for her debts. If there is no estate her creditors are out of luck.
It will be split between the two kids and her spouse if she has one.
The property is now part of your sister's estate.
A mothers burial is usually paid for by the surviving spouse. If there is no spouse, the children or other family members will pay.
Open an estate so they can be resolved. If the estate has no assets, they won't get paid.
The spouse will be entitled to a portion, perhaps all, of an estate if there is no will.
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
Is there an insurable interest, like child support, alimony, estate planning for the kids? Is the x-spouse willing to sign the application and take the physical?
In most instances, the estate is responsible. It means the estate that is inherited from the spouse will be smaller.
In general, the estate has primary responsibility, one of the reasons to create an estate. The spouse will typically be responsible for the debt.
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
No, the spouse does not. However, the executor of the estate, which could be the spouse, does have the right. They will have to show a Letter of Authority from the court and account for the monies as part of the estate.