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Can Medicaid levy my assets?
Medicaid will file a lien/estate claim on your assets to recover the cost of medical care.
Can debt collectors make a beneficiary pay the decedents debts?
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
Who can file a claim as an heir against an estate without a will?
A person who dies without a will is said to have died "intestate". Most locations have legal provisions specifying the proper distribution of the assets of those dying intestate, anyone who believes they have a legal right to a portion of the estate based on those provisions can file a claim.
Can a liens be filed against an estate?
Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.
Can you open probate to collect a debt from an estate?
No, you cannot open probate solely to collect a debt from an estate. Probate is the legal process by which a deceased person's assets are distributed to beneficiaries and debts are paid. However, if you are owed a debt by the deceased, you can file a claim against their estate during the probate process to receive payment.
Can the administrator of an estate spend money from the estate and not tell the remaining heirs?
The Administrator of an estate must file an inventory listing all the assets and when the estate has been settled must file a final account that states where all the assets went. They are required to account for all money they spent or distributed. Therefore they cannot squander money from the estate. An administrator is subject to the provisions of the state laws that govern fiduciaries. They can be prosecuted for stealing from the estate or for wasting the assets. They are personally responsible for making restitution if they mishandle the estate assets. You can go to the court and review the file. If they haven't filed an inventory or account then file a complaint with the probate court. An administrator who fails to perform their duties can be removed.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
Is the executor of an estate always required to file an accounting of the distribution of the assets of an estate?
Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.
What is the valid period to execute a will after an estate is opened?
There is no maximum time, there are estates that were opened over a century ago that are still being probated. An executor is required to file periodic reports to the probate court of the assets and their distribution.
What happens to the administrator of an estate with creditors?
The Administrator must file the proper notices that the estate has been filed to give the creditors the opportunity to file claims against the estate. The estate is responsible for the debts of the deceased. Claims by creditors must be paid before any assets can be distributed to the heirs-at-law. There is a statutory schedule by which creditors must be paid. If there are not enough assets to pay the creditors the estate is declared insolvent. The adminstration of an estate is a legal process that must be done according to the law. If the appointed Administrator doesn't know how to carry out their duties according to the law they should hire an attorney to supervise the probate process. Distribution of assets before creditors are paid can leave the Administrator exposed to personal liability.
Can you file bankruptcy as executer of estate?
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.
If you are a child of the deceased are you entitled to an accounting of the estate assets so that you know you are not being taken advantage of by the executor?
The executor must file both an inventory of the estate assets at the beginning of the probate procedure and a final account at the end. You can visit the court and review the file at any time.
