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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My friends ex-husband just passed away. They have 3 grown

Customer Question

My friends ex-husband just passed away. They have 3 grown children. The father passed away 3 mos. after signing a year lease for a townhouse. The landlord said that the money to be paid back for the rest of the lease can only be paid to the man who has just died. He had no will. How can the children get the money back from the balance of the lease? There also is a bill with the wife's name on it. As his ex-wife, must she pay the bill?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Barrister replied 12 months 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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Has anyone filed a probate case to settle his estate?.

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Do you know if he had a lot of debts when he died so that he owed more than he owned?

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Did the ex-wife sign something agreeing to pay the bill? What is the bill for?

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thanks

Barrister

Customer: replied 12 months ago.
no one has filed a probate case to settle his estate. He owed more than he owned. NO she did not. I don't know.
Expert:  Barrister replied 12 months ago.

Ok, to be honest, if he owed more debts than he had in assets, then any money that was returned to the estate would have to go to pay the estate debts and the heirs wouldn't get it.

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Any money from prepaid rent or deposit would have to be returned to the Administrator of his estate (executor except with no will). That person has a legal duty to use any assets first to pay debts of the decedent and any administrative costs before any heirs get anything. So if he had $10K in assets and owed $15K when he died, the heirs get nothing.

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So there really isn't any reason for anyone to file a probate case to settle his estate because no one will receive anything.

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As for the bill, just because it has the ex wife's name on it, that doesn't make her liable. She would have had to sign something agreeing to be liable for the debt before they could force her to pay it. So it is possible that he might have used her info to incur the bill in a fraudulent manner, but that doesn't make her liable for it.

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thanks

Barrister

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