Can Real Estate Be Willed to One Person and the Debt on It to Another

My question involves estate proceedings in the state of: Missouri

In the will, heir number one is given a home. There was an unsecured loan taken out before death to replace the furnace in the home. The will states heir number two is to pay this loan and heir number one is to "re-pay the full amount to heir number two at his convenience." Heir number one is the executor. Is heir number two REQUIRED to abide by this will? What are heir number two's options?

you can't will debt to people

and you cannot engage two people into a contract with each other without their agreement.

Thank you jk. That's what I had always thought. The will was a total shock for heir two. Essentially the probate court isn't involved. Not enough assets and heir one was on the deed before death. If heir two simply doesn't pay the loan is there anything heir one can do about it?

Whine, cry, initiate a guilt trip.

LOL

Okay. legally?

Legally, the executor of the estate is required to pay the debt as a matter of settling the estates assets. Failure to do so, will likely result in a property lien being filed.

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Quoting CJPrinter

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Thank you jk. That's what I had always thought. The will was a total shock for heir two. Essentially the probate court isn't involved. Not enough assets and heir one was on the deed before death. If heir two simply doesn't pay the loan is there anything heir one can do about it?

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I agree that a will cannot compel heir 2 to take money out of their own pocket to repay a debt and allow heir 1 to pay that back whenever...but the will could allow for a debt to be repaid from whatever assets the estate does have, and then heir 2 to receive their share of those assets at a later date.

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Quoting Disagreeable

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Legally, the executor of the estate is required to pay the debt as a matter of settling the estates assets. Failure to do so, will likely result in a property lien being filed.

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Quoting llworking

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I agree that a will cannot compel heir 2 to take money out of their own pocket to repay a debt and allow heir 1 to pay that back whenever...but the will could allow for a debt to be repaid from whatever assets the estate does have, and then heir 2 to receive their share of those assets at a later date.

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The only asset was the home and its contents. Heir ones name was on the deed as owner years before the death and they've also lived with the deceased in the home, so from what I understand it's exempt from liquidation. As for the contents, anything of family or financial value was also distributed many years before this persons death. The rest would be very hard pressed to cover that loan. Would this mean the creditor for the loan is out of luck and doesn't have to be paid?

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Quoting CJPrinter

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Heir ones name was on the deed as owner years before the death...

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Could you be more explicit? Was Heir One a co-owner? With right of survivorship? Or as a tenant in common?

A potential exists for a mechanics lien to be put against the property. Without seeing the "unsecured loan" document it would be hard to speculate. Regardless it does not appear to be your problem.