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No, they cannot over ride the appointed administrator. They would have to get the court to remove the letter of authority.
Yes, you have to pay any debts owed by deceased from estate proceeds. It depends on the state, but generally as the administrator of the estate, you, the executor, are responsible for paying debts 'with the estate itself'. You are generally not obligated to pay out of your own assets.
You are not personally responsible for them, they will be paid from her estate. It is your responsibility to see that is done.
Whomever applies for and is granted the Letters of Authority by the probate court.
Without some other duty owed the creditor (ie: cosigner on a loan, executor of estate obligated to pay creditor out of estate assets), there is no responsibility for the sibling of the deceased to pay the debts of the deceased. Further, the executor of an estate has no personal liability to pay debts of the deceased beyond the available funds of the estate. ---- Atty. John Libertine is providing this information for research purposes only, and is not offering legal advice. Licensing information is subject to change.
Money that goes to his estate needs to pay off the account.
The "Estate" (all the properties owned by the deceased) is obligated to pay those taxes, a Lien can be obtained and it can extend to the executor and their property if they are not paid from the proceeds of the estate.
"Letters of administration with ata" is a legal document that grants someone the authority to act as the administrator of an estate when the deceased did not leave a will. This allows the administrator to manage and distribute the assets of the estate according to the laws of intestacy.
The term "full administration" implies that the person holding it has either the Power of Attorney over an individual -or- the Executor of the estate of a deceased. A "release of administration" indicates that the individual gives up or surrenders these powers.
You would need to file a petition with the court for letters of administration. The court will appoint someone to administer the estate, typically a close family member or next of kin. The administrator will then have the legal authority to handle the deceased's estate according to Oklahoma intestacy laws.
No they are not personally responsible for the debt. One of the primary reasons to open an estate is to resolve such debts. 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.
A "letter of administration" is a document issued by the probate court to the person who is to administer an estate where there is no will. It proves that that person is officially the one to deal with concerning the estate. "Letters testamentary" is the name of the same type of document that is issued to an executor where there is a will.