Legal Question in Wills and Trusts in New Jersey
Creditors of a decedent
My mother-in-law died 16 years ago and her husband died 2 years ago. Both of their estates are closed and now a purchaser of accounts receivable from a physician (also deceased) who treated my mother-in-law prior to her death is trying to collect $2,000 from my sister-in-law (also executrix) of her father's estate. A Notice to Creditors was published timely after his death. Is sister-in-law responsible for this ancient debt under New Jersey law?
--name removed-- --name removed--
2 Answers from Attorneys
Re: Creditors of a decedent
If your mother-in-law died 16 years ago the statute of limitations has almost certainly expired regardless of what the executor did. However, if the executor obtained and published a Notice to Creditors and also had beneficiaries sign a Release and Refunding Bond, she is in the clear and the creditor can only pursue those beneficiaries, not the executor. Still, a creditor can't sue anybody after the Statute of Limitations has expired so I'd write to the creditor and point this out. I'd also threaten legal action if the creditor continues to pursue collection of a debt that has clearly expired.
Dale Lundquist
(Solo)
488 Glassboro Road P.O. Box 104
Re: Creditors of a decedent
I am not familiar with New Jersey Law, but according to Florida Law based on the facts given, your sister-in-law is not responsible.
Melody Stickel-Martinez
Melody Stickel-Martinez, Esq.
10031 Pines Boulevard, Suite 217
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