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We are in probate in Idaho over my late husbands estate.

According to his will have...
We are in probate in Idaho over my late husbands estate. According to his will have goes to me and half to his children. His son is the PR.My question is this:What debts should be paid by the estate?
My husband had a credit card prior to our marriage. It had a couple thousand on it prior to our marriage and $13,000 on it at the end.I also had a credit card with debt on it that increased by $17,000 during our marriage.We had a loan for a camp trailer for $13,000. We signed the loan for that during our marriage.The title said my husbands name. Jim, or Diane. I had to pay $5000 ( half of current value)to the children for that
camp trailer because his will stated that his "personal property" went to the kids.I think my real question is:
If his estate pays the whole debt then i inheret half of the estate then my half is lessened by half so i am paying half of the commnity property debt.But the way it is working is that i half to deduct half of my portion from what i get after half has been paid by his estate....so my portion is already reduced by half of his half of the community property debt so essentially i am paying 3/4ths of the debt.Why doesn't the estate pay the whole debt..then divided in half....that means my portion is reduced by half of the debtThen his kids get half of what is left of the estate?There is about $300,000 in the estate so plenty to pay all debts.
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Answered in 1 hour by:
12/22/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,811
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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The estate here is liable to pay all his debts.They come off the top, the gross estate.After that the remaining funds are divided according to the will.

The law is clear the creditors get paid off entirely and then anything left over goes to the heirs under the will.They can be sued by any creditors here if their claims are denied.

Any debts in his name here or both your names are ***** ***** the gross estate under the law.Creditors can seek payment from the estate as creditors.

ITLE 15 UNIFORM PROBATE CODE
CHAPTER 3 PROBATE OF WILLS AND ADMINISTRATION
PART 8. CREDITORS' CLAIMS
15-3-807 PAYMENT OF CLAIMS.

TITLE 15

UNIFORM PROBATE CODE

CHAPTER 3

PROBATE OF WILLS AND ADMINISTRATION

PART 8.

CREDITORS’ CLAIMS

15-3-807. Payment of claims. (a) Upon the expiration of the earlier of the time limitations provided in section 15-3-803, Idaho Code, for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been duly allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.

(b) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:

(1) payment was made before the expiration of the time limit stated in subsection (a) of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(2) payment was made, due to negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of priority.

I appreciate the chance to help you today.Thanks again, so sorry for your loss of loved one.

If you can positive rate 5 stars it is much appreciated.

I wish you a Happy Holidays.

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Pay or Disallow Creditor Claims. The personal representative is responsible for determining whether claims made against the estate are valid and should therefore be paid or whether they should be denied. If the estate is insolvent (liabilities exceed assets), then the personal representative should not pay creditors claims without receiving advice from their attorney. Idaho’s statutes govern which creditors have priority in the event of an insolvent estate. The personal representative should also strictly follow the time frames set forth in the statutes for disallowing any claim that was properly filed against the estate as failure to abide by such time periods may result in the claim being deemed allowed.

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Customer reply replied 7 months ago
This question is for Ray. Does the estate pay all those debts against the estate EVEN in a community property state like Idaho where we live?

Here yes if the creditors file creditor claims they get paid first prior to any distributions to heirs.See if they file claims with executor..

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