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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10262
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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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: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year 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.

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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 1 year ago.

Checking in on the above;

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