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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118635
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Is the personal representative distributes funds to the

Customer Question

Is the personal representative distributes funds to the beneficiaries and the estate does not have enough funds to pay the claims brought within this one-year period, will the personal representative will be personally liable for paying the creditors? None of the beneficiaries were asked to sign an agreement to refund assets if an error was made. This is in the state of Washington. Thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the personal representative makes distribution without paying all claims first, then legally the personal representative can be personally liable for making distribution of assets without paying creditors. The heirs can also be liable to return any funds to the estate. The creditors can also go after the heirs to recover any assets paid out to them up to the amount of assets they received to recover them back into the estate for payment, even if the heirs never signed an agreement to return funds if an error was made.