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If your deceased father is being sued do you have to pay if his estate is exhausted?


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2006-09-03 19:49:40
2006-09-03 19:49:40

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.

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An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.

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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.

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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.


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