Legal Question in Wills and Trusts in California

My mother passed away in July of this year leaving me as the Successor to her estate. Her bills are behind and the creditors are expecting the bills to be paid. Can an estate file for bankruptcy on behalf of the deceased person?


Asked on 12/02/09, 3:10 pm

2 Answers from Attorneys

You would not file for bankruptcy as such but there are things to do for an "insolvent estate" which can protect you as the Executor or trustee. I would encourage you to hire an attorney with experience in this area of law.

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Answered on 12/07/09, 3:17 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You cannot, as such, file for bankruptcy for an estate. Fortunately for you, unless you are in some way personally responsible for her bills, you do not become responsible for them simply because you are her heir. If there are no assets, or if the assets are far less than the available assets, there is probably not much that the creditors can do. The best thing for you to do is to is lay out all of the facts with an attorney who can then advise you on the best course of action.

If we can help you, please do not hesitate to give us a call.

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Answered on 12/07/09, 3:58 pm


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