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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Post Father Died With No Will

    My question involves estate proceedings in the state of: South Carolina

    My father died with no will. All life insurance policies have named beneficiaries. The house and a vehicle are only in his name. There is about 100,000 owed on the house, 20,000 on the vehicle and about 50,000 more in debt. I know that these things will have to go through probate. If the life insurance policies don't have to enter probate, where is the money to come from to pay off the debts? Does it come out of the life insurance policies, or who is responsible to pay off all the debt?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,922

    Default Re: Father Died With No Will

    Debts are paid from the assets of the estate before any distributions are made from the estate. So if the estate runs out of assets before they creditors are paid, some creditors lose out and (potentially subject to a few exceptions which vary by state, such as "family allowance" for a dependent spouse or children) all heirs lose out.

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