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Yes, they can. Often a creditor will file for an estate so they can collect their money.
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∙ 12y ago
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Does the administrator have to pay an heir's debts before the estate is settled?
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Is becoming an administrator of a small estate where no will is found expensive?
It should not cost the administrator anything. The costs, which are fairly reasonable, are born by the estate. And the Administrator can charge for their services.
If you are the executor of an estate and owe money to a lien holder can they go ofter money in the estate?
No. A personal creditor of yours has no right to attach the estate for which you are the executor. However, if you are also a beneficiary of that estate the creditor can go after your portion of the distribution.
If the son is the aministrator of the estate does the spouse still have rights to the stocks and bonds?
The administrator of an estate simply takes care of the details. When there is an administrator, he decides how the estate will be divided. The spouse has no rights to the stocks and bonds. The spouse has rights to a percent of the estate as determined by the law, will, or probate judge. The administrator can decide to give the spouse only stocks, only bonds, or only cash. The administrator can sell everything and divide the money. That is the way it works.
Can a creditor still collect a debt after an estate has been closed?
If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.
Can a creditor become an administrator of the debtor's estate?
Yes, they certainly can.
Who can become an administrator of an estate?
Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.
Your fiance died in a car crash how do you become administrator of his estate?
State laws govern who may qualify to be appointed the administrator of an estate. Generally, one must be an heir at law or a creditor of the decedent. You need to check the laws in your jurisdiction. You can inquire at the probate court or consult with an attorney who specializes in probate law.
Does the administrator have to pay an heir's debts before the estate is settled?
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
Can brother-in-law become administrator of deceased sister and brother-in-law's estate?
Yes
How do you become executor of an estate without a will?
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
Who is appointed administrator when intestate?
State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.
Can a cousin become an administrator of an estate?
In some jurisdictions, a cousin may be allowed to become an administrator of an estate if they are eligible and meet all the legal requirements. However, the specific rules and regulations may vary depending on the location and circumstances of the estate. It is advisable to seek guidance from a legal professional to determine the eligibility and process for appointing a cousin as an administrator.
Can an heir at law qualify to be an administrator?
In the settling of the estate, the court appointed Administrator has all the power, by law. She has the authority and responsibility to settle the estate according to state law under the supervision of the court. The heir-at-law has no power. If the Administrator is not performing her duties the heirs can request she be replaced. However, one of the reasons the law provides for the appointment of an estate representative is to avoid disagreements among heirs and have one person in charge.
When someone dies leaving no family can a friend deal with the estate?
If the decedent left a will a friend can petition to be appointed the executor if there are no relatives. When there is no will the laws vary from state to state. Each state has a schedule of persons who are qualified to be appointed an administer of an intestate estate. Generally the administrator must be a person who would inherit from the estate, a creditor or a public administrator if there is no other qualified person.
Can a mother become administrator of her son's estate if he had no will?
In the absence of a will, the probate court would typically appoint an administrator to handle the estate. The mother may be able to petition the court to become the administrator if she is next of kin and meets the legal requirements.
