Mirror of Justice - All about Law and More
*Home>>>Estates Law

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?

I realize these are very tough questions without having ALL the facts, but any help is appreciated. I'm trying to handle this without lawyers, which isn't easy. The small estate claim was made in Multnomah County, Oregon.

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.

Still be very careful what you sign, so that you don't accidentally take on any of your father's debts. If in doubt what a document means, ask a lawyer. Report It

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.
oh, and i would keep that estate affidavit to myself, if you know what i mean. ; )

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.

That being said, from what I can tell your are the executor of the estate. Even if your dad didn't own his home, he had to of owned something. Those assets need to be added up and assigned a value.

Depending on the type of credit, your dad may have signed for insurance that covered the debt if he died while the loan was still in effect. Each creditor is a bit different, so you'll need to check.

The claims area is way out of my league, but I would think you would be responsible for those debts. Although the best way would to talk to an attorney.

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.

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Can an estate agent let my property to his/her relative?

    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....

  • Estate heir question?

    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...

  • Estate law in California?

    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 ...

  • Estate debts?

    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...

  • Can this Co-exist?

    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...

  • If an estate has a Revocable Trust, and that means there is no probate, what governing body controls this?

    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...

  • Estate Tax question....I think the PR made an error?

    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...

  • Life estate remainderman -- am I protected?

    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...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster