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Who's responsible for claims against an estate? |
My dad died last year with some debts. I'm now getting bills for those debts but I want to make sure they're getting handled appropriately. I'm not the executor of the estate; there isn't one, as there's no "estate" to speak of (my dad didn't own a house, etc). I have a small estate affidavit which, to my understanding, basically says that I inherit all of his stuff (including his debt, assumedly). Some of the claims coming through now are against the "estate of" my dad but, like I said, there really isn't an estate. I realize that I am probably responsible for the debt, but is it appropriate for me to pay these as they're labeled? Should I have the claims changed from "estate of" into my name? Are these debts truly my responsibility, as I assume they are? Be very careful what you sign and what you say to the people holding the bills against your father. Get advice from a lawyer, until then don't say anything to anyone. Once they get you to sign anything you are in trouble. That is good to hear. Get a lawyer to declare the estate bankrupt. It certainly looks like you could do that. you need to go to the probate office at the courthouse and talk to them about debt transferring. many types of debt are discharged when someone dies. call those companies and tell them that you keep getting their bills, your father is deceased, and that he was living off of you prior to his death. theyll write it off. no, you shouldnt have to pay them unless there are proceeds from his estate. Yes you have to pay the debts...since you are the heir and there's no will you inherit everything..including money and outstanding debt....I'm going through the same thing myself...but, I hired a probate lawyer...you may want to consider it First things first. An estate is the deceased property, cash, insurance, bank accounts....anything they have that's of value. Don't know about Oregon - but in California, a person who receives property with a small estate affidavit is liable for the debts of the person who died, up to the value of the property received. - A lawsuit can be filed directly against the person who received the property - but the statute of limitations is relatively short - 1 year in most cases. |
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Not as long as every other condition is within the law. If you are receiving fair rent, what is your problem. Sounds like maybe you should become a lawyer so you could sue to your hearts content.... The first question I have is this: do you know if there is a will? If you know great-grand's name, look through the deeds and records office of the county in which most of his land was locate... She apparently was conned into naming them beneficiary -- and some alter-ego of theirs -- executor. There is probably nothing you can do about it, short of arguing issues of community property (if ... Debt are paid out of the estate. If they are larger than the estate, then creditors are not paid the full extent of the debt. Next of kin do not have to pay them since they are not the ones who inc... There is always a remainderman (-person, -enttity) following a life estate. The right, power, title, freehold, etc. can revert or not; that's a separate issue. You have given (gratis?) t... uh...until the will is filed for probate; there is no estate and no estate atty. You need to get an atty; or at least go to the probate court with the info you have and get an explanation to TAKE t... How does this sound for a first step? Call, send a letter or email to the atty who sent you the papers what you think the error is and why you think there is an error. He should be able to quickl... When your dad died, the life estate died with him and the property passes as directly to you as the record title holder. A life estate is only good so long as the life-in-being, you dad, exists. If... |
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