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Debt Responsibility

Questions relating to the responsibilities for debts left by an individual that has died.

1,506 Questions

What are your legal rights as heir to an estate in Connecticut when the executor is not communicating with the heirs and you feel that some actions are questionable?

I feel the executor has full power over the heirs! Implead into the probate proceedings started up by the executor and question the anomalities you have seen or apprehend. Whatever be it, remember that the executor is the legal representative of the deceased for all purposes, and all the property of the deceased vests in him as such. Therefore before going into a protracted legal battle, it would be best to question the executor in a private fashion; through common known friends; through the church; whatever means other than adversarial proceedings through the court. Just because, the executor is appointed by the deceased, effective from the date of death of deceased, and if you blow your cool and unnecessarily, even unwittingly antagonize the executor, you waste time, and a lot of time in meaningless philanderings in court proceedings. This should be always avoided. Approach; Question; Argue the matter; Compromise; Settle (whether it is even to a minor loss); but close the matter at the earliest. Take what is your bequest; invest it sensibly; and continue your life outside the court. Or you will see a living hell of court, within your life.

Can an executor be prosecuted for not properly handling an estate in a timely manner?

Defining timely is going to be the issue in this case. An executor has a duty to be thorough and complete in what they do. They must provide a full accounting to the probate court.

Can someone be buried with their money?

Yeah, you can demand that you be buried with money in your will. Its something that the lawyer and who ever is carrying out your will take care of. So you can do it...but i don't if people actually do. Yes and No. A person can make such a request in a valid Will but to what extent that request is granted depends upon the circumstances. All of the deceased person's debts, including taxes, funeral costs, etc. would need to be paid before any 'cash' could be buried with the body.

When are lifetime rights relinquished in an estate?

A life estate is extinguished when the life tenant dies or releases their life estate by a written instrument recorded in the land records to clear the title.

How you collect a judgment from the estate of a deceased individual?

contact the executor of the estate and file to collect it from the estate. you have to notify the estate of the debt.

Depending on the state, most must be filed with the estate within 4 months of the said death.

Is a verbal agreement between father and son binding when father's estate is probated?

It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.

It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.

It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.

It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.

Difference between a trustee and a personal representative?

In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney .

A trustee is the person appointed by a trust document to manage the property held by the trust.

What does troika mean in an Irish context of debt?

It refers to the the EU, International Monetary Fund and European Central Bank, who are involved in supporting and analysing Ireland's economy.

If someone suing you is not willing to provide any documentation to back up their claims how likely is it they will win their case?

All plaintiffs have to prove their case to the satisfaction of the judge or jury. When someone is sued for a debt,information concerning the collection of the debt will already have been offered to the defendent. It would be in the form of a letter informing the debtor they have 30 days to request validation. They do not have to impart any other information until they appear in court. In cases of creditor suits they would not go to court without substantial proof.

In nearly every lawsuit other than small claims, you are entitled to conduct discovery. This can include depositions, submitting written questions that must be answered under oath and inspection of documents. If the opposing party refuses to produce the evidence, then you can bring a motion to compel and possibly sanctins. If some cases, refusal to obey the court's orders can result in dismissal of the case or issue sanctions.

Do material items have to go through probate?

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

What are the legal responsibilities if an executor?

They have a fiduciary duty to preserve the value of the estate. A complete inventory and valuation of the assets must be completed. They must resolve debts and bills and pay all taxes due. Then they distribute the remainder according to the will or laws of intestacy. A full accounting must be provided to the court.

How long does a company have to sue the estate of a deceased loved one in West Virginia?

The statute of limitations set in West Virginia will apply. Typically most causes of action are 2 years. If it is for a debt they may have as long as 10 years.

Are heirs responsible for medical bills in Nevada?

It is not the heirs, but the estate that is responsible for any remaining debts. That will include medical bills. If there is not enough in the estate to cover them, someone will not get paid and the heirs may get nothing.

Is an estate necessary for an indigent parent?

If by indigent you mean completely without assets, then no, an estate is not necessary. An estate is necessary if a decedent has assets that are to be transferred to another person, whether by will or intestacy. In fact, since a decedent's "estate" consist of his/her assets nd if there are no assets, there is no "estate."

In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?

If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.

When you get a letter of testamentary does that mean that the Trust or Will has been probated or is being probated?

"Letters Testamentary" are issued after the will has been probated. Probated means proved as genuine. It does not mean the process of administering the estate by collecting assets, paying bills and disbursing the estate. Once Letters are issued, the exeutor/executrix begins the administration of the estate. Letters Testamentary have no relation at all to trusts.

Can you get a letter of testamentary without going to probate in TEXAS?

Letters Testamentary are a court issued document that show an executor was duly appointed by a court.

If a couple is separated is the spouse who moved out still responsible for half of the bills incurred at the home durning the period of separation?

It depends on your state. Generally, you are equally responsible for the basic necessities of daily living for each other. If the income is not roughly equal, then the person who is getting the short end of the stick should definitely file for temporary support pending the final divorce.

Does the bank still collect from a deceased co signers estate if the property was sold?

The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.

The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.

The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.

The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.

When an estranged parent dies are the adult children from the first marriage entitled to anything from the estate if there is no will and no support was paid over the years for these children?

They may be entitled to some assets but it is not a certainty. When a person dies intestate (without a will) the state probate succession laws apply. All assets, property and debts of the deceased are entered into probate. All creditors are notified by the appointed executor or executrix of the probate filing. Creditors have a period of time as specified by state law to file a claim against the estate. No assets or property will be distributed until all debts and taxes are paid according to their priority and to the extent of the available assets. Once debts have been paid, any remaining assets and all exempted assets and property will be distributed to surviving family members. The general succession rules are, the surviving current spouse and her children, then the biological children of a previous marriage(s), the parents of the deceased (if applicable)and so forth until the estate is depleted. The issue of unpaid child support is not likely viable unless there was a court order and the state chooses to make a claim against the estate for repayment of any public assistance that was received by the minor children. Any "interested party" has the legal option of contesting a will but not probate succession law. The only option if the adult children are not included would be for them to file a suit against the estate in the appropriate court.

Can you sell a car left to someone in a will to satisfy debts of the estate?

As executor of the will it is your responsibility to pay all of the debts of the deceased from his estate before the beneficiaries get what theyve been bequeathed so yes you can sell a car if there is not enough money from any other source to pay the debt.

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