Legal Question in Wills and Trusts in California
Can an executor of a will who is not related to the deceased recover an disputed
I owed a debt to an ex roommate, which the amount was in dispute and was never agreed upon at the time of the roommates death, and no acknowledgement of the amount was ever given. The deceased did not provide any means for his final funeral expenses. The executor took it upon himself to provide this service. The executor is now making a demand of me of a debt he was aware of. Does the executor now have a cause of action against me to recover the disputed debt I had with the deceased roommate? The executor is not related to the deceased.
2 Answers from Attorneys
Re: Can an executor of a will who is not related to the deceased recover an disp
you would have the same rights against the estate that you had against the person in question prior to his death in your disputed debt. thus, the executor gets no more additional rights than the decedent would have had against you if he were still alive. thus, the burden of proof would still be on the executor as it would have been on the decedent. however, my strongest advice to you would be to retain legal counsel promptly under the circumstances. if you would like further assistance in this matter, feel free to email directly this week.
Re: Can an executor of a will who is not related to the deceased recover an disp
The executor of the estate steps into the shoes of the decedent, and would therefore have the same rights of the decedent. Therefore, if the decedent had a cause of action, so does the executor.
You should have an attorney involved to protect your rights. Please call or email me if you need any further assistance.
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