How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7079
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My father is the executor on s mother's will. They reside in

Customer Question

My father is the executor on his mother's will. They reside in Washington State. When the woman dies, there will be a significant amount of debt. My father understands that he must pay all creditors before splitting the remaining money amongst her beneficiaries. However, if there is not even enough to cover all the debt from her estate, is my father financially responsible for the remaining debt?
Submitted: 3 months ago.
Category: Estate Law
Expert:  LegalGems replied 3 months ago.

No, an executor cannot be personally liable for the decedent's debts, nor can an heir/relative; rather the only way a person can be held responsible for a third party debt is if they cosign for that debt, or otherwise assume responsibility for the debt.

If the estate is insolvent (debts exceed assets) then many relatives actually choose not to open probate, and then an interested party (ie a creditor) would need to petition the court to be appointed executor so that they could gather assets and pay off the creditors, to ensure they get paid.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 3 months ago.

Checking in on the above;

Thank you for using Just Answer.

Related Estate Law Questions