Legal Question in Wills and Trusts in New York

Re: DEBT OWED TO ESTATE not in assets

You do not say who owes the debt to the estate (is it from an heir?) or if the Will says anything about it. The Notice of Probate is merely the first step in an estate administration, to tell you the Will was probated and who the players will be (executor, attorney, etc.). It is the responsibility of the executor to marshall the assets, determine the debts and arrange for payment of debts, collect the assets, file any tax returns and pay any taxes due, then to account to the heirs and distribute the estate. You do not say what the estimated size of the estate may be or what it comprises, as this could have a bearing on how long the administration may run and how long it might take before you get any meaningful information. You are entitled to a copy of the Will if you are mentioned in it. The POA terminated on the death of the maker, so any post-death actions are improper. Plus, even if taken before death, you would need to see what the POA allowed to be done. Maybe the debt could not be cancelled. If you retain your own counsel, they may or may not be entitled to be paid from the estate, depending upon facts still to be determined. For example, if anything improper has been done, entitling you to sue the estate, the ececutor and/or its attorney, your legal fees could be collected from the estate. If the services were merely to represent your interests in the estate, any nothing improper takes place, the fees are personal to you. If you know the details of the debt, call them to the attention of the estate's attorney and see what happens. You are entitled to know if and why the debt was not pursued, depending on your interest in the estate. If you just get some fixed amount or specific asset, that is not dependent upon the size of the estate, the debt is not your concern. However, if you are entitled to some percentage of the estate, that could be effected by the debt and its collection, you are entitled to the details.