Legal Question in Wills and Trusts in California
Settling estate
If a person dies without leaving any money or property in their estate is the executor responsible for paying any debt the person left behind.
Asked on 6/29/07, 11:40 am
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Re: Settling estate
Unsecured creditors [your bank for example is secured by its mortgage against the house it lent you the money to buy] can, absent some type of fraud, go after only what is in the estate. The executor, no matter the relationship to the deceased, owes none of their own money to any claimant under the estate.
Answered on 6/29/07, 2:07 pm