Legal Question in Wills and Trusts in Maine
Liabilities of heirs during probate
Assuming an estate has more debts than assets can heirs be held accountable? From what I understand the answer is no. Correct?
Also, what if the estate doesn't have enough money to pay the probate lawyer. What is his recourse and would the heirs or executors be responsible to pay his fees?
Finally are there any special conditions for foreclosure of a home during probate?
Thank you
1 Answer from Attorneys
Re: Liabilities of heirs during probate
You are correct that if the estate has more debts than assets, then the heirs are not personally responsible, but they do not receive any benefits, either. Legal counsel is an administrative expense and is usually paid before general creditors, but subject to a level of reasonableness and ultimately Probate Court approval. You need to check with your counsel regarding the particulars of the estate and its finances.
If the Bank is foreclosing a home of the decedent there are no special conditions other than the executor needs to be served in place of the decedent, and a claim will likely be made for a deficiency unless a deed in lieu is negotiated.
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