Legal Question in Wills and Trusts in Florida
Debts of recently deceased father.
My father in law died in May. He left behind unpaid bills, medical and otherwise. My wife is the executor of his estate, which is very minimal. Are we liable for his unpaid bills? He was residing in Fl. We live in NJ.
2 Answers from Attorneys
Re: Debts of recently deceased father.
I agree with Larry that only th estate is responsible, unless someone personally guaranteed payment. If the estate assets are insufficent to pay all bills, and no creditor has a priority on payment, all creditors must be informed of this and agree to a fair allocation of what is available, to avoid claims of preference against the Executor.
Re: Debts of recently deceased father.
You would not be personally liable for his bills unless you/your wife guaranteed payment. If a probate is opened, the Personal Representative will be obligated to pay those bills, provided there are enough assets to do so, before any money can be paid to the beneficiaries. This of course assumes that the claims/bills are valid.
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