QUESTION

is the executor held liable if the estate comes up with shortage

Asked on Mar 19th, 2012 on Estate Litigation - New Jersey
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
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If the estate debts exceed the assets, the executor is not liable for the debts.  The executor has to first pay the funeral, then pay themselves, and then whatever is "left over" gets divided proportionately among the creditor like in a bankruptcy. 
Answered on Mar 25th, 2012 at 6:21 PM

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

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