Legal Question in Wills and Trusts in New Jersey

Can an executrix be sued for bills from an insolvent estate


Asked on 7/11/16, 9:16 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If the executrix follows the required procedure for administering the estate, the executrix is not personally responsible for debts of the deceased. However, if the executrix does not follow the procedure and uses any of the assets of the estate without paying debts in their proper priority and without advertising the estate and filing and paying estate, income and inheritance taxes, to the extent that estate assets are available, then the executrix may be personally responsible.

There is nothing that prevents law suits from being instituted; that does not make the executrix liable for any damages in such law suits if she has acted properly, but she will still have defend against the law suit, unfortunately.

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Answered on 7/12/16, 7:01 am


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