QUESTION
I need to know if I am responsible for my deceased brother's debts. He died without a will. I am the only surviving relative.
Asked on Jun 22nd, 2016 on Debtor and Creditor - New York
More details to this question:
He lived and died in NYC. I live in S. Carolina. I have been named by surrogate court, the administrator of his estate. He had many medical bills, credit cared bills, etc. BUT did own an apartment--his only asset. Do I have to pay his creditors?
2 ANSWERS
1 Award
You need to pay creditors from the sale of the apartment. You are not personally responsible. However, if you do not pay, then you would be breaching your fiduciary duty and you would be responsible.
Answered on Jun 25th, 2016 at 3:31 PM
No. You are not liable for the decedant's debts unless you were a guarantor. However, not having a will is not relevant as to a creditor's rights. The Estate remains liable for the debts. As the administrator of the estate, one of your obligations is to pay the debts from the proceeds of the Estate.
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Answered on Jun 23rd, 2016 at 7:53 AM
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