Legal Question in Wills and Trusts in Indiana
Who pays the debt?
My father-in-law died and had a will. There will be no estate opened (his house was in foreclosure the bank is taking it back, no car, no valuable assets). If there is no estate and no money in the estate, what happens to his outstanding bills?
2 Answers from Attorneys
Re: Who pays the debt?
There are procedures that can cut off creditor claims. You should probably seek guidance from an attorney that practices in the Probate area with respect to your fother-in-law's specific estate and creditor issues.
Re: Who pays the debt?
I am sorry for your loss. Unless someone co-signed on the debts, then the debts of a decedent must be satisfied out of the estate. If no estate is opened, the creditors will never have a chance to be paid. There is no obligaiton on your part or any other to open an estate. If family members don't open the estate within a few months, then the creditors may do so. If more than nine months expire from the time of the decedent's death, and no estate claim has been filed, then the creditors are too late to ever be paid, even if there were assets from which to pay them. So, ignore the outstanding bills. If any debt collectors demand payment, tell them to pound sand. Good luck.
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