The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.
No, unles the executor also happened to be a co-debtor or guranteed payment of the debts. State law MIGHT require that any property from the state be paid to creditors first before making distributions to beneficiaries of the will.
yes cemetery plots are considered property and can be bought and sold to pay debts
The executor of the estate is able to sell assets of the estate.
The bank will take possession of the property by foreclosure. If the mortgage is in the deceased parent's name it will not affect anyone's credit.
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Such bills should be turned over to the executor of the estate. They should pay legitimate bills and either close the account, or transfer it to the estate or the heir that will be taking over the property.
The best way is to create a deed of variation which would alter the distribution of the estate. Professional help should be sought.
Usually the spouse. "Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent's property. The law does protect children when an unintentional omission in a will occurs, however."
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.
No. A Will does not become operative until the testator has died. The executor named in a parent's Will to distribute their estate after their decease has no right to take the parent's property while they are still living.
That is done through the probate process. The executor can make the change and issue a new deed.
It is an estate, but it isn't a legal entity until it has been registered with the court and an executor appointed.