Why bother? No one can legally inheret debt. Actually debt can be "inherited" if the deceased left a spouse and the married couple resided in a community property state, the debts then revert to the spouse whether he or she incurred them. In non-community property states the deceased's debts are included along with all nonexempt assets and property in the probate procedure. The nonexempt assets and property are then liquidated to pay debts according to their priority and to the extent that funds are available.
Why not? An executor carries out the instructions in the will, which will already have been cleared by probate court. Filing for bankruptcy is not a crime, and unless the person has criminal intent, there is no reason to prevent the person from carrying out the instructions in the will. The bankruptcy filing has nothing to do with the assets in the will; they are not the property of the executor unless that was the wish of the will's creator. Check with an attorney to be absolutely sure of the laws in your location.
No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.
No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.
No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.
No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.
No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.
Sure.
They are the person responsible for executing the will. They open the estate, pay the debts and distribute any remaining assets. They also account to the court and file taxes on the estate.
Of course
An executor cannot file for bankruptcy in the name of the decedent.
In a US bankruptcy, you will have to turn over all property of the estate. Out of country assets are property of this estate.
The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.
If you file bankruptcy, you file bankruptcy on everything. You can not file bankruptcy on one loan.
I suspect not...and as it would get you to the same point as their estate will anyway...why would anyone bother?
An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.
No they never did file for bankruptcy
If you are talking about a Chapter 7 bankruptcy, It takes 7 to 9 years after you can file bankruptcy again.
If there is no will, the court will appoint an executor to handle the estate. The person appointed as the executor is typically a close family member, such as a spouse or adult child, or in some cases, a professional, like a lawyer or accountant. If you believe you are the closest living relative and should be the executor, you can petition the court to appoint you as such.
No, they did not file for bankruptcy.