When an estate is devided and one party owes the estate more than there share, what is the process make them pay their debt?
1 Answer from Attorneys
It isn't clear what is meant by "owes more than their share" -- on what is the debt based? Did the beneficiary owe the decedent under a contract? Is there a judgment against the beneficiary?
Ordinarily an heir / legatee under a will cannot be forced to pay for "more than their share" of estate expenses, so if the estate is insolvent (meaning there is not enough money to go around after paying debts), the personal representative must follow a specific order in paying off estate obligations.
An estate can either sue or be sued, and if the estate has a valid basis and wants to make a claim against a beneficiary it can use the same legal process that any individual can.
You are encouraged to seek legal counsel for any specific question. The above post offers general legal information and does not substitute for having an attorney review your particular situation.
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