Legal Question in Wills and Trusts in Massachusetts

Re: executor of estate

The short answer is that the assets of a decedent are used to pay administration expenses, taxes, funeral expenses, debts of decedent, and unpaid medical expenses of the last illness before any distribution is made to beneficiaries. However, administering an insolvent estate is not easy. In some cases, it is more trouble than it is worth.

The important thing is that the executor or administrator of an estate does not want to pay any beneficiaries, (including himself or herself) before the obligations of the estate are paid (and in the statutory order of preference, much like in the case of a bankruptcy). Otherwise, the executor could be liable to the creditor (e.g. health care provider, or to the Federal government or Commonwealth for unpaid taxes) for the amount of any money paid to the beneficiary before those obligations have been paid.

Re: executor of estate

Attorney Cooper offers wise advice. Additionally, keep in mind that any bank accounts in which your husband was listed as a joint owner is NOT included in the father's probate estate. As such, they pass directly to your husband and are not subject to any creditor claims on the father's unpaid bills.

: executor of estate

The executor is obligated to pay the bills of his father. Usually, the terms of the will state this.

If the assets by passed the probate. That is the checking accounts were phrased in such a way that they passed directly when the father died, then they would not be included in the estate, and thus the executor would have no estate to use to pay the debts.

If you have questions, contact me.