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Question

My mother-in-law died recently(in PA) without having a will. She has less than 4,000 dollars in several bank accounts and an older car worth a few thousand dollars. Also she is due a refund from her taxes of approx. 1,000 dollars. She owes more than $20,000 in unpaid bills. Several attornys said not to open an estate because there is not enough money to be recovered by family members. One individual I spoke to at the state said we must open an estate to allow the upaid bill to have a chance to be paid.We are leaning toward not opening an estate at the advice from the attorney. Does this sound correct? Thanks

Submitted: 234 days and 12 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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wikles-barre, Pennsylvania

Already Tried:
spoke to local attorney & a state heritence individual which gave varing advice. Attorney said do not open an estate and do nothing we are not liable for our mothers outstanding bills. State person said we must open an estate if there are outstnding bills but the funeral expenses of $6,000 we paid will be reimbursed first from any funds availible.

Posted by lwpat 234 days and 12 hours ago.

Answer

No one can force you to open an estate. Here I agree with the attorneys you have already consulted. Why should you do the work just to pay the money to the creditors?The only thing that may be worth doing is to open the estate in order to pay the funeral bill. How much was that and who paid? That person can open the estate and recover their expense but will then be responsible for seeing that any extra money goes to pay the other creditors.

 

 

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234 days and 12 hours ago.

Reply

Is it correct that the funeral expense is reimbursed from the estate funds prior to any other creditors? Also will we be able to transfer title to the car to allow someone else to have it if we do not open an estate? You must sign on the title transfer form that the decedant owed no money.

Accepted Answer

It is correct that funeral expenses come out first. The vehicle could be part of the reimbursement for the funeral expenses and that would solve the title problem. Sorry but the already tried did not come up until just now. I would think it is worth opening a small estate process to recover the 6,000.

 

 

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

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Expert: lwpat
Pos. Feedback: 98.7 %
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Answered: 4/1/2009

Attorney

Practicing attorney with extensive experience in wills, estates and trusts

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