Legal Question in Wills and Trusts in California
if family members owe money to the deceased parent, does the executor of the living trust have the authority to request payment of money owed before settling the amount or equal share those family members will receive
Asked on 8/14/11, 10:25 pm
2 Answers from Attorneys
Depends on the trust documents and any related will. If you need to ask this question, you need to talk to a lawyer in person, with the documents in hand.
Answered on 8/14/11, 10:28 pm
Aaron Feldman
Feldman Law Group
A debt may be enforced by the deceased parent's trust or estate; however, some trusts have debt forgiveness provisions or you may have received some other evidence from the parent indicating the debt was forgiven. To know if a debt can be collected will require you to meet with an attorney who will be able to review all of the relevant evidence and documents.
Answered on 8/15/11, 8:55 am