Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
The decedent's estate still owes the money, and that debt must be satisfied before the estate can be distributed. In the case of a surviving spouse, that spouse is equally liable for any existing debts. If the deceased's estate cannot cover the debt, the spouse must do so.
A fiduciary is one who owes a duty of good faith, trust, confidence and a high standard of care in managing the property and money of another. An executor or administrator of an estate is a fiduciary. Therefore an estate account is also called a fiduciary account. The short answer to your question is yes.
Spouse gets money, family is forced with debt.
There are minimum periods of time that must elapse. The executor has to advertise for debtors that the estate owes money to. Things have to be inventoried and a complete accounting presented to the court. Typically the shortest period of time is going to be a little over 3 months. Consult a probate attorney in your state.
Unless you are the Executor of your mother's estate, why would you want to know this? Unless the deceased died with assets remaining in their estate, the debt is forgiven.
It is entirely possible that they can place a lien on the house. The hospital is entitled to place a claim against the estate and its assets. If the house is an asset, they can attach a lien to it to get their money.
This is a very interesting question. If someone dies and owes money to the IRS, the Executor (the person who takes responsibility for the deceased person's estate) is then responsible for settling the person's debts (using the deceased person's estate, not their own money or assets). The Executor is responsible for collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. The money in the estate must be used to pay off the person's debt. If, however, the deceased person does not have any money in the esate to be able to pay off the tax liability, the debt DOES NOT transfer to the Executor UNLESS there was a joint liability with the deceased (if the Executor is the widow or widower of the deceased, and the two had filed joint returns, the liability will be assessed to the Executor). Otherwise, the Executor will need to contact the IRS, provide a death certificate and evidence that the estate is unable to pay off the liability. The debt should then be canceled once and for all. For information on claiming a refund for a deceased person, you'll need to file a Form 1310. You can visit the following link to the IRS website for more information: http://www.irs.gov/taxtopics/tc356.html If you'd like to contact me with more tax questions, visit my website: http://www.taxreliefsolutions.com Thanks! Brent
They can go after the estate. Which means if an estate wasn't opened and debts resolved, they are coming after you.
You have your terms confused. An executor is the representative of a person's estate who carries out the provisions of the will. A trustee is the administrator of a trust. They are both called fiduciaries. Every fiduciary owes a duty to carry out their responsibilities in an efficient and expeditious manner. If they fail to do so then you can file a complaint in the proper court and have them replaced.
The value of the estate, which includes the debts owed to it as well as the debts the estate owes, is divided up into three parts. The amount those that owe the estate money receive is off-set against the debt. If there are more debts owed by the estate then it is worth, those owing money will have to pay it to the estate.
The estate can require that the beneficiary pay the money back. Or they may offset the amount against what they get. If there is anything left over, there shouldn't be a reason to make them pay it back.