Legal Question in Wills and Trusts in Kentucky

Re: unpaid bills/statements

If a personal representative was appointed, then claims should be brought within 6 months of that appointment. If there was no personal representative, then the claims must be brought within 2 years.

This does not include the enforcement of a mortgage or other security interest.

The statutory procedure for presenting a claim against the estate does not include delivery by a close relative; it calls for the creditor to present the claim.

Re: unpaid bills/statements

When was the estate opened, and when was it advertised? Creditors have a period of 3 months from the date the notice to creditors was published OR 30 days after they were served a copy of the notice to creditors, whichever is later. The notice has to be served on all "reasonably ascertainable" creditors, basically anyone you know or should have known (if you see a bill addressed to the deceased person, like a credit card bill, or a medical bill, they're going to be 'reasonably ascertainable' so long as you receive the bill within 3 months of the advertising).

If the creditor was served a copy of the notice to creditors and they did not put in a claim by the end of the period, they are absolutely barred from being paid. If they were not served a copy of the notice, then you have a question as to whether they should have been and whether they were reasonably ascertainable.

If the creditor put in a claim late, then the executor should not pay the bills; he should object to the claims and let a judge decide. If he pays the bills anyway, without a judges order, then he may be personally liable for the amount he pays- in other words, it comes out of his own pocket.

If no claim has been put in, then he should not pay the bills; if he does, then he may be personally liable for those payments.

If he says he is going to pay $16,000 in bills out of the estate that did not have a valid claim filed, then you need to remove him as executor; the executor has to be fair to everyone, he has to follow the law, and a petition to remove him should be filed. You need to talk to a Florida probate attorney about this.