QUESTION

Is an executor responsible for deceased debts if there is not enough in the estate?

Asked on Jul 09th, 2013 on Estate Planning - North Carolina
More details to this question:
I am executrix to my fathers estate. If there is not enough money in the estate to pay off debts, am I responsible for the debts?
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
No. the executor nor heirs are responsible for the decedent's death. An heir can be for example if they ran up debts on a decedent's credit card and signed everything in their name and the charges are not customarily those used by an elderly person, etc. Many estates close insolvent without sufficient funds to pay all creditors.
Answered on Jul 10th, 2013 at 11:32 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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No! You are not responsible as the executrix for debts of the decedent unless you signed a document in either your personal or fiduciary capacities. The only way you might be liable is if you went ahead and distributed assets to the beneficiaries without paying debts or did something else as executrix (either malfeasance or misfeasance) and caused a financial loss to the estate. However, if you have administered the estate properly, then there is nothing to worry to about. Administering the estate properly would include notifying the creditors by personal notice as well as publishing a notice in the newspaper, completing the preliminary and 90-day inventory, waiting until all claims are filed and any claims have come in to pay the bills and paying the claims in order of priority since there is not enough assets. Priority claims are administrative expenses of the estate, any yearly allowance for the spouse/family, funeral debts up to $3500, taxes, judgments, medical expenses and then anything else (list is not all inclusive - these are the main categories which would apply).
Answered on Jul 10th, 2013 at 12:33 AM

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