QUESTION

Do I need to pay collection agency for my deceased father's debt?

Asked on Mar 01st, 2014 on Estate Litigation - New Jersey
More details to this question:
My dad recently passed away and I received a notice from a collections agency looking for payment for his debt. My father is the sole owner of the accounts. I am the estate's executor so am I responsible to pay off the debt?
Report Abuse

1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
It depends on the nature of the debt and how the assets of the estate are held.  There is a priority to paying off the debts, so if you do not think there is enough in the estate to pay everything off, you have to have the estate declared insolvent and pay off the priority debts first, and then a portion to each remaining creditor.  The only assets that have to be used are those in the estate.  If you were the joint owner of an account, or things passed to you by right of survivorship, then those assets are not in the estate, and do not have to be used to pay off debts. 
Answered on Mar 04th, 2014 at 9:05 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters