Legal Question in Wills and Trusts in New York

resolution of estate executorship

how do I pay all of debts if there is not

enough money


Asked on 7/05/09, 9:23 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: resolution of estate executorship

If there are not enough assets, you need to contact all creditors and advise them of the situation, and obtain their consent to an allocation of payments. If we presume no creditor has a priority over the others (liens and judgments are priorities), all they can receive is a pro rata share of the assets. I usually provide a schedule of debts and assets and propose a pro rata allocation. You have an exposure, personally, if you prefer one creditor over another. If you need assistance, contact me directly.

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Answered on 7/06/09, 12:30 pm


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