0
If your deceased father is being sued do you have to pay if his estate is exhausted?
Wiki User
∙ 17y ago
No, but any properties or such things as cars, boats, etc., will be sold and creditors are paid off. These were your father's debts and unless your mother is living then that's the end of it. If you mother is living then she is responsible for the debts and will have to appear in court. You are not responsible unless you have signed as cosigner for a loan or any properties or articles such as a car, motorhome, etc., are in both your names. * In the US a deceased person cannot be sued. The creditor must make a claim against the estate. Debts are paid according to their priority and to the extent of non exempt assets belonging to the debtor. Only surviving spouse's who lived in a community property state at the time of the death of the other spouse are sometimes not always, responsible for debts incurred solely by the deceased. Respond to the law firm filing the suit with the case and docket numbers of the probate filing.
Wiki User
∙ 17y ago
Add your answer:
Earn +20 pts
Is the Executor responsible for paying credit card debt when the debt is being held by a collection agency there is a will the only asset is a home surviving children?
Yes, the Executor is responsible for paying off all the debts, or as many as possible, of the deceased using the assets of the estate. If the house has to be sold to settle the estate, then it must be sold.
What happens if an executor does not have the funds to pay off deceased bills?
The executor's duty is to apply the deceased's assets, to the extent that it is possible towards meeting the deceased's liabilities. In the even of insufficient funds, after funeral and testamentary expenses - typically costs incurred post mortem, the outstanding bills are paid pro rata. The heirs, especially dependent spouses and children would get nothing. Effective estate planning would reduce the possibility of dependents being left high and dry.
How do you change stock from your deceased husbands name to mine?
stop being sexist
Can a life insurance beneficiary defer the proceeds to the secondary beneficiary?
Any answer to this question would have two conditions the first being the jurisdiction under which the policy operated. The second condition would be the form in which the insurance payout was proposed it could be either paid direct to the beneficiary or to the estate of the deceased. The important point being why would you want to go about the insurance payout in this manner?
If you are the son and executor of your parents' estate can the mortgage lender force the sale of the real property after finding out your parents are deceased being the original borrowers on note?
No! That's what a Probate is. Usually lawyers will do the leg work for Probate and this means they will be sure all titles are clear on homes(s) or properties. They also make sure all creditors are paid off and this includes property/personal taxes. mortgages and loans. Because of Probate the mortgage lender would be paid out of the Estate and the residue of that Estate would be left to the Heirs. Marcy
What is the process to get a sibling to release all interest in a deceased father's estate after being compensated?
the process is ...giving them some space
What is an heir?
An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.
What is heirness?
An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.
How do you get vehicle registration for deceased fathers car?
In this state you can not simply get a registration for your deceased father's car! It is not that simple. If your father owned the car outright, it is first necessary to fill out paperwork to have the title transferred. In this state that is done through the Department of Motor Vehicles. One procedure is followed if the estate is being probated, a different procedure is followed if the estate is not being probated, that is if basically all he owned was the car and the clothes on his back. Each state has its own rules.
If your deceased grandmother left money to your deceased father who was the beneficiary who then receives the money?
You should speak with an attorney who specializes in probate law in your state. If the estate is being probated then speak with the attorney who is handling the state. See the information in the related question link provided below.
How do you prove being the daughter of the deceased father in order to bury him?
Your birth certificate.
If there is 2 siblings can 1 sibling do anything in an estate without the other?
Not nearly enough information is given. If the "estate" being referred to is the 'estate' of a deceased parent(s) the siblings have only as much authority over the estate as the will of the deceased allows them. They each inherit individually what the will gives them, and if they inherit anything jointly, they cannot do anything with their joint-inheritance without BOTH being in agreement. It sounds like the questioner needs the advice of an attorney.
How do you get first in line as a creditor when the person is deceased?
You must file a claim against the estate of the deceased with the Probate Court of the county in which the will is being probated. This procedure may vary from state-to-state and you may find it necxessary to file a lien against their real estate and/or personal proerty to bring the fact that you are a creditor to the attention of either the Executor of the estate or Probate Court
What is New York State Law if a child is born out of wedlock and wants to inherit from his deceased father?
Being born out of wedlock does not bar a child from inheriting from his deceased father. However, if the father left the child out of the will then that child might not be able to inherit anything without contesting the will in court.
Could property be in the name of a dead person for reasons of description?
A deceased person cannot "own," "possess," or "hold," anything, although their estate's may do so. For instance: If a deceased's property was being listed for sale it would be worded something like - "The Estate of John B. Doe" offers for sale........
Responsibility for credit cards when owner has deceased?
Yes, you can are liable for the debt incurred. Using a credit card, debit card, bank account, assets, etc. of a deceased person without being the legal administrator of the deceased person's estate is considered fraud.
How can you use he word eulogy in a sentence?
Doug gave the eulogy at his father's funeral. (Eulogy being the speech in praise of the deceased).
