It will depend on the estate. The executor is entitled to their fee by law, and that can take precedence over debtors.
The executor has a great deal of leeway in settling all debts. He has to come up with assets to clean up the debts before distribution.
When they have a good handle on the total debts and assets of the estate. They have to make sure each debtor gets their fair share of what is available.
The estate gets the furnature. The executor of the estate will then distribute it according to the intestacy laws once the debts are resolved.
To be clear, before anybody can inherit property from the deceased the following have to be settled in this order:1) Taxes due must be payed2) Debts must be settled3) Whats left gets to be distributed an accordance with the will to the heirs.Note the deceased's Executor is responsible for doing all this (the executor may also be an heir).Also NOTE that unpaid taxes and debts come out of the ESTATE.If the estate runs out of money to do this, potential heirs do not have to pay the deceased's taxes or debts out of their own money. However, they will not inherit anything in these circumstances.
You will have to check the wording of the will first. It may specify some debts be paid first. Typically the executor gets paid first.
The executor is supposed to execute the terms of the will. If the will says that "person X" gets any computer equipment of the decedant's that he wants, with the remainder going to the siblings, then person X gets it, whether person X is the executor or not. If it says the computer equipment goes to "the siblings", then that might be a gray area if the executor is one of the siblings, but usually an equitable distribution is implied, so the executor can't say "I'll take the Cray YMP, and you can have the Apple II". An executor who violates the terms of the will is acting in bad faith, and you should retain a lawyer to file a complaint with the probate court.
Your sister's debts are not part of the estate. The estate's responsibility is to pay the mother's debts and distribute the remainder. What your sister does with her share of the inheritance is up to her.
Normally this would fall to the Executor of the Deceased Estate. It is the responsibility of the Executor, to collect all payments and settle all debts of the Deceased. the deceased person's husband or wife.....if they weren't married then the property that the loan is for gets returned to the bank, which technically still owns it because the loan wasn't fully repaid.
The executor of the estate can sell the house at any time. The renunciation really deals with who gets the money from the sale. The executor can also transfer the house to someones name, but they have to insure all the debts are paid. Consult an attorney in your area for details.
The executor is responsible for maintaining the value of the estate. That includes insuring that no one removes goods before they are properly inventoried and valued. It also insures that no one gets something without letting anyone else get a chance.
The money belongs to her estate. The executor of the estate will distribute it according to the will.
No. Basically you start a new after filing. Your pre-petition assets are used to pay your pre-petition debts. That's bankruptcy. You should understand it before you do it. You don't chose what assets, and/or which debts...everything in your past gets involved. Then you start a new.