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Most states have laws that categorize types of debts and then gives those categories priorities over one another in a particular order. Usually, all creditors in a class must be paid in full before creditors in the next class can receive anything. Burial costs are at the top of the list.
For example in New Jersey, funeral expenses get paid first, then administration expenses; then debts that may have priorities set by law; then expenses of the decedent's last illness; then judgments against the decedent in order of their priorities; then general creditors. If an estate does not have enough money to pay all bills in full and if the executor pays a lower priority creditor to the exclusion of a higher priority creditor, the executor may be liable to pay that higher priority creditor himself if there is insufficient money to pay all debts.
If the executor is positive that there is enough money to pay all debts then he does have some leeway to pay some sooner than others; but he is not allowed to pay the decedent's last telephone bill if there isn't enough money to pay for funeral expenses.
Wiki User
∙ 10y ago
Wiki User
∙ 14y agoPaying creditors is a critical part of an executors duties. You need to check your state probate code for the order by which the debts of the decedent must be paid. If the executor errs in making payments they can become personally liable for their mistakes.
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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.
Can you take out executor compensation before calculating what is left of an estate to pay creditors?
That issue is governed by your state laws. You should consult with the attorney who is handling the estate. If the creditors aren't paid according to the statutory provisions in your state you could be held personally liable.
Gifting of an estate if creditors want to collect can the gifting of an estate stop it and can it be gifted to the offspring. Will the offspring be liable to pay debt of diseased parent.?
Creditors have a statutory period during which they may make a claim against an estate for an outstanding debt. Creditors who file in a timely manner must be paid before distribution is made to the heirs. If there is no estate the heirs are not liable to pay the debts of the deceased.
If you have more debts than your estate is worth won't it make more sense to NOT have a will so that your life insurance beneficiary won't have to pay your debts?
In order to satisfy the debts and end the creditors, an estate is the way to go. Debts are one of the primary reasons someone should open an estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Do you have to pay the decedents creditors?
You have to pay them before any of the estate can be distributed to the heirs. If there isn't enough, the debtors are out of luck.
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.
What can you if the estate money is not enough to pay delinquent property taxes plus necessary debt?
The property could be sold to pay the debts. If that's still not enough a motion should be made to the court to declare the estate to be insolvent. The law will then govern how the creditors will be paid.
What happens when your parents are deceased and there is no money left in the estate to pay for medical bills?
If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.
Does the estate have to pay bills that are received after the estate has closed?
If the estate was filed through probate there is a statutory period that varies from state to state during which creditors may make a claim against the estate. Once the estate has been closed you should check with the attorney who handled the estate before paying any bills you receive.
What if your deceased brother estate does not have enough assets to repay his creditors?
The creditors will just have to write off the debt. You are under NO obligation to pay his bills. They will try to get you to do it, but you don't have to take it on.
Should i pay creditors that have filed against my father's estate from his bank accounts because their is no property?
Bank accounts are considered to be personal property and personal property is an asset of the estate. Creditors that file a claim against the estate are entitled to be paid from the assets of the decedent before any assets can be distributed to the heirs. They must be paid from any funds in a bank account owned by the decedent.
Who pays real estate taxes and other related expenses on estate property before distribution is made to the heirs?
The debts of the decedent must be paid by the estate before distribution can be made. If there isn't enough cash the property must be sold to satisfy creditors. To save the real estate heirs often get together and pay any outstanding debts in order to inherit clear title to the RE. YOu should discuss it with the attorney who is handling the estate.
