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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53664
Experience:  29 years of experience practicing law, including tax and estate planning.
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My father left a will stating exactly who gets what but unfortunately,

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My father left a will stating exactly who gets what but unfortunately, there's not enough money in the estate to pay off the estate bills nor his medical bills. If this is the case, shouldn't I, the executor of his estate be able to sell some things that he left to someone else because there's not enough money to pay off the estate bills? Then, once that's done, I could give that person the remaining balance.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You are correct. Before any distributions can be made from the estate to beneficiaries, the creditors of the estate and the decedent have the priority and the right to be paid in full from the estate assets before any distributions can be made from the estate to beneficiaries. It's the beneficiaries that get shorted, not the creditors, if there are not sufficient assets in the estate.

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