Legal Question in Wills and Trusts in Minnesota

Executrix

if the executrix gets some one else to be the executrix. what does this mean to me, she found out there is outstanding hospital bill and wants out of being the executrix of the will that she was left in.she was left in the will of my ex husband and i am suing his estate because of default in our divorce agreement. Now she wants out because of excess medical bills. can i be responsible for any of this. she got another lawyer to take her place i never heard of such things. can you give some info about this.


Asked on 10/22/04, 10:01 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Executrix

The responsibility of the executrix of a Will is to probate the Will, marshall the assets (locate, evaluate and reduce the assets to her possession), verify and pay all outstanding bills, defend any claims, file any final tax returns due, including possible estate or inheritance tax returns, and, ultimately, to distribute any remaining assets to the persons named in the Will. It sounds like this executrix has discovered there are claims to be defended or bills to pay, and there may be insufficient assets to cover all of the debts. Thus, there may be more work than anticipated and not enough money to cover the costs, bills and fees, so she has decided to abdicate and turn the estate over to someone else to handle. Unless there are more or different facts, all I can suggest is to pursue your claims against the estate. Eventually, if necessary, the court will appoint someone to handle this. You do not state any information about the size of the estate, its components, the actual debts, etc. You may not know any of this information, but it could be made available to you as part of your suit. I do not see how you can be held responsible for any non-marital obligations.

Read more
Answered on 10/23/04, 11:42 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Minnesota