You must look to the trust for direction as to the distribution of the trust property and the termination of the trust. The management of a trust is set forth in the document that created the trust. If there is not direction as to the termination and final distribution of the trust property then a judge must make that determination.
The estate is required to collect on all monies owed it. And to pay off any debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
You can, but only if the lien is from a debt that is owed by the trust itself. If the debt is against the person who created the trust or against the person who is the beneficiary of the trust, then you cannot. The trust is considered a legal entity separate and apart from the individuals involved. The fact that it is a trust, as opposed to a person or business entity, does not prevent it from being liable for its debts.
No, the job of the executor is to use the resources of the deceased to pay any debts owed and then to distribute the remainder according to the will. If there are not enough resources to pay the debts, the executor has NO duty to pay them him/her self.
Liabilities Liabilities
Debts are one of the primary reasons someone should open an estate. Those that are owed money can ask the court to establish 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.
The executor should approach the brother to collect from him on the amounts owed. 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.
Yes, in fact it is the obligation of the estate to collect all valid debts owed to the decedent. Debts owed to a decedent are considered assets of the estate. The estate's representative has authority to demand that all debts owed to a decedent be paid to the estate. If the debtor refuses to pay, the estate representative has legal power to sue to collect those debts if it has to do so.
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