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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I live in New Mexico. My aunt died in May without a will and

Customer Question

I live in New Mexico. My aunt died in May without a will and she left app. $15,000 in credit card debt and one of the creditors has filed a claim against the estate. My aunt left $2,000 in a checking account and her name is ***** ***** house with my mother and myself. The house has a mortgage. My aunt owed app. $5,500 on her car. I went to Probate Court and have been named administrator for her estate. I moved the $2,000 plus an insurance payment for $3,000 into a estate account at the bank. I use it to pay the car and hospital bills. My question is what are my obligations/liabilities to the claim against the estate by unsecured creditors.
Thank you
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Your obligation, as administrator, is to settle debts. That means that you have a duty to negotiate and offer payoffs if possible, or negotiate down to show lack of funds. Therefore if someone is claiming something against the estate, you have the duty to contact them in return and to get them to release this claim either via payment or with proof that the estate has no funds available. Without the release they can sue the estate and even pursue you for breaching your fiduciary duty in failing to resolve this obligation.
Sincerely,
Dimitry, Esq.

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