Making Ky. will, ex. court ordered to pay off mortgageon my home, how to write in will to make sure he pays in full if I die first?

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Making Ky. will, ex. court ordered to pay off mortgageon my home, how to write in will to make sure he pays in full if I die first?

Asked on June 23, 2009 under Estate Planning, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not sure that you need to make any special provision in the will for this, although I would make sure that a copy of the divorce decree (and/or any other court orders) that require your ex to pay off the marriage is kept with your will, and that your executor knows about this.  The executor's basic duty to handle the estate would include going to court if necessary to enforce that, and as executor he or she would be able to get this done.

I'm not a Kentucky attorney, and there are some variations in the law from one state to another.  For advice you can rely on, you need to have all the facts reviewed by a lawyer in your area.  One place to find counsel is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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