Legal Question in Wills and Trusts in Montana

Debt collection after estate has been dispensed

My father's wife died December 1995 in Missouri, which was their state of residence. Apparently he signed the papers for her funeral arrangements. My father relocated to Colorado where he executed his will and died March 1996. Proper administration of the will was completed: publications made in both states. The Personal Representaive of his will (a family member) received bills from the funeral home in Missouri but did not pay them as she had been led to believe that his wife's children were paying the bill. Proceeds from my father's estate were seized by the IRS for back taxes. He actually owed more than what was in his estate, but the IRS accepted it as payment in full. After more than 6 years, the PR recently received correspondance from the Missouri funeral home requesting payment and giving notice of pending collection action. Can the PR be held personally responsible for this debt?


Asked on 10/17/02, 11:34 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Debt collection after estate has been dispensed

If this claim was known then notice should have been provided. However, the claim is now barred since the decedent's death was more than one year ago. The only way the claim is not barred is if this creditor filed a claim against the estate.

If the creditor filed no claim, they now have no claim as it is time-barred. Have your lawyer send a letter to this creditor advising them of the time-bar and that their claim has been extinguished.

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Answered on 10/18/02, 10:49 am


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