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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33730
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My father is 97 and is making some bad decisions regarding

Customer Question

My father is 97 and is making some bad decisions regarding the lease of his house; he has recently moved to assisted living. I am the executor of his will and upon his death, am concerned that I will be responsible for his bad decisions. Can you file a
document that would refuse to be a heir?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you are concerned about being held liable for his debts, then you can rest assured that you are not personally liable for them. Any creditors can only come after his estate for payment and if there are no assets to pay, then they simply lose out.

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You also bear no personal liability in the role as executor if you proceeded. But you are under no legal obligation to be the executor if you don't want to be and you can just not file a probate case at all. If someone else wanted to do so, then they can undertake that if they felt like it.

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And as for filing something to refuse to be an heir, yes, if someone filed a probate case, you can deliver an affidavit of waiver of inheritance to the executor/Administrator and that would then waive your rights to inherit.

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But if you were considering this due to a fear of being held liable for his debts, then you don't need to worry because you don't have to do anything to refuse to be liable because they can't hold you liable by law for his debts.

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thanks

Barrister