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Does a power of attorney have to pay the debts of a decedent if there is no estate to settle them?
Wiki User
∙ 13y ago
No, the estate has to pay the debts unless someone else guaranteed the debt. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Wiki User
∙ 13y ago
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Can debt collectors make a beneficiary pay the decedents debts?
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
Do heirs also inherit the decedent's debts?
No. The decedent's estate is responsible for the debts of the decedent. However, no distribution of assets can be made until the estate is probated and debts are paid.
What happens when no estate and no insurance who pays debts?
The decedent's estate is responsible for the decedent's debts. If there are no assets the creditors are out of luck.
Is the surviving spouse liable to pay medical bills for a decedent with no estate or probate assets in South Carolina?
The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts and distribute assets, even if you don't think there are any assets, you might be surprised.
Is the estate responsible for medical bills if there is no will?
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
Are parents responsible for debts of a single adult child after death?
The decedent's estate is responsible for the debts of the decedent.
Can a fiancee inherit debt of the deceased?
That depends on the nature of the debts- whether they are joint debts. If they are solely debts of the decedent then his estate is responsible. You should speak with an attorney to determine your rights and obligations.
Can an estate collect debt?
Yes, in fact it is the obligation of the estate to collect all valid debts owed to the decedent. Debts owed to a decedent are considered assets of the estate. The estate's representative has authority to demand that all debts owed to a decedent be paid to the estate. If the debtor refuses to pay, the estate representative has legal power to sue to collect those debts if it has to do so.
Is a personal representative liable for the decedent's debts when there is no estate?
The personal representative is not responsible for the debts. The estate pays the debts.
If you are the beneficiary of compensation do you have to pay off the deceased debts?
The estate of the decedent is responsible for any debts owed by the decedent. Those debts must be paid BEFORE any distribution is made to the beneficiaries. The debts were incurred while the decedent was alive. The funeral expenses, by law, must be paid before any distribution can be made to the beneficiaries. It is the responsibility of the estate fiduciary to settle the estate by paying the debts of the decedents. The beneficiaries receive any assets that remain after those debts have been paid. See related question link.
Is an ex spouse estate responsible for a part of a mortgage on property held jointly with the ex spouse?
That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.
Is the estate responsible for gambling debt incurred by a parent?
The decedent's estate is responsible for any debts incurred by the decedent.
