Legal Question in Wills and Trusts in New Jersey

My mom passed away last year and I was granted the admin of her estate. Her estate totaled $99k including her house and some banking accounts. Am I obligated to pay any of her debts? Also the deed to the house has been transferred to my name.


Asked on 8/13/10, 11:55 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If you have not gone through the required procedures in administering her estate, any money and real estate transfers you made, including to yourself, without first paying all debts and taxes, you would be personally liable to pay. However, if you go through the proper procedure, you would not be personally obligated to pay her debts. Only estate assets have to be used to pay her debts.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/19/10, 5:16 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The executor of the estate has 3 jobs. First you are to collect and inventory all the assets. Secondly, you must pay the bills of the estate from those assets. Finally, you make distributions to beneficiaries.

You must pay the bills that are appropriate. I suggest that you contact a tax and estate attorney to help you with the probate, tax filings, and payment of obligations of the estate.

Please look at my website: www.SaveYourEstate.com for some additional information.

I hope this helps!

Ron Cappuccio

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Answered on 8/23/10, 8:42 am


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