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It is probable that there will be different laws relating to this in different countries so you really need the services/advice of a lawyer (attorney). However, basically it is the executor's (the person named in the will to execute the will) job to settle the estate's debts and distribute the remainder of the estate to the heirs as set out in the will. If there has been an overpayment or mistake made by the executor then the executor would possibly be personally liable to correct the mistake (especially if the executor was a professional). Recovering funds once they have been paid out would not be a likely course of action.

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Q: Can the estate recover funds from overpayment to heirs?
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What debts will be the responsibility of the heirs to your estate?

None of the debts are the responsibility of the heirs. The debts are the responsibility of the estate. The executor must settle all, or as many as possible based on the assets of the estate, before they can distribute any of the the estate to the heirs.


Can you file for bankruptcy if the deceased parent's nursing home bills cannot be paid because there are no more funds in the estate?

You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.


Can credit card companies force heirs to sell real estate after a death?

If the credit card company has filed a claim against the estate the debt must be paid before any assets can be distributed to the heirs. In any estate the debts must be paid first. The heirs get any assets that are left after the payment of debts. If the estate doesn't pay the bill the creditor can force the sale of the real estate to collect the debt. If the property is the only asset and the heirs want to keep it then the heirs must pay the credit card bill.


Can a bank foreclose on a mortgage before the estate is settled?

Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.


How do you transfer a deed of a house when the owner dies and there is no mortgage?

The estate must be probated and the title to the real estate will pass according to the provisions of the will or according to the state laws of intestacy if there was no will. Any estate that holds real estate must be probated in order for title to the real estate to pass to the heirs at law. After the probate process is completed the heirs can keep or sell the property and divide the proceeds. The attorney who handles the estate can assist in drafting a new deed in the names of the heirs at the proper time in the probate process if they wish to keep the property. You should consult with an attorney who specializes in probate.

Related questions

Why have a life insurance policy to the estate?

One reason is that the decedent wanted to have the funds available to pay debts of the estate and to have the remaining proceeds shared equally by the heirs.


What debts will be the responsibility of the heirs to your estate?

None of the debts are the responsibility of the heirs. The debts are the responsibility of the estate. The executor must settle all, or as many as possible based on the assets of the estate, before they can distribute any of the the estate to the heirs.


How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.


Are heirs individually responsible for mishandling estate?

The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.


Can you file for bankruptcy if the deceased parent's nursing home bills cannot be paid because there are no more funds in the estate?

You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.You don't need to file bankruptcy. Your parent's estate is responsible for their debts. The estate must be probated and their debts must be paid before any assets can be distributed to the heirs. If the debts are greater than the assets in the estate the estate will be declared insolvent, the court will order a scheme of payment from limited funds, if any, and if there is not enough money the creditors are out of luck.


How do you cash income tax check for deceased?

You must apply to the court for authority to act for the payee's estate. The funds belong to the decedent's heirs and the court must determine who they are.


Who pay's for my dad's hospital bills when he is deceased?

If he did not have insurance to cover the debt in the case of his death, the Probate court may order debt payment from the proceeds of his estate. If the proceeds are inadequate, the creditors may look to his heirs to make the debt good. His estate. If there are no funds, his heirs will not be charged unless they signed in as co-signers.


Does property left to heirs remain as estate of individual until sold?

Yes, the property left to heirs becomes part of the individual's estate until it is transferred or sold by the heirs. The heirs inherit the property with the rights and responsibilities associated with ownership while it remains part of the estate.


Who will get Andy Griffiths estate?

His heirs.


What if the individual did not declare bankruptcy prior to death but the estate is bankrupt?

If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck.If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck.If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck.If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck.


Can you be the hier of your step-great grandmother's estate who died without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).


Can you be the hier of your step great grandmother's estate without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).