Legal Question in Wills and Trusts in Arizona
my brother is the executor of my mothers estate he received the back in april there is an outstanding loan on her which he still has not paid can he do that
Asked on 10/21/09, 4:00 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
The executor of an estate owes a fiduciary duty to all those interested in the estate, that includes creditors and the heirs. The executor must give legal notice to creditors and they must file a claim against the estate. There may be defenses to claims made.
Answered on 10/26/09, 4:14 pm