Legal Question in Wills and Trusts in Pennsylvania

Have you filed / probated the will? You need to do that first, then give notice to heirs that the estate has been opened and advertise the fact that the estate has been opened. You should be gathering together information about all of your dad's debts and assets, and preparing an inheritance tax return.

When one year has passed after advertising and if no creditors other than the ones you already know about make a claim, then you may begin distributing assets. First you have to pay taxes and debts, and only after those are paid, if anything is left, may you distribute to beneficiaries under the will.

You do not have to make any payments from your own funds, only from the estate assets. So long as you have advertised the estate and paid creditors in the order of their priority [the PA Statute prescribes in what order], you will not be responsible personally.

When debts exceed assets in an estate, the estate is considered "insolvent." Filing the inheritance tax return listing all assets and debts will help to determine if the estate is insolvent. When that is the case, creditors will not be able to be paid in full, although some might, and others might receive only a portion of their claim, and yet others might receive nothing. Being able to show the inheritance tax return after the PA Department of Revenue has returned a Notice of Appraisement showing that the insolvent return has been approved, will help you in dealing with the creditors.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I am sorry for your loss.

I echo everything Attorney Jacobsen said and only wish to add that if you are uncertain about what to do, contact a probate attorney in thre county/state where your dad lived at the time of his death. A probate attorney can guide your case through the probate process. His or her fees are generally an administrative expense of the estate and get paid first along with other expenses, like running the notice to creditors in the newspaper. If the estate is insolvent (meaning it does not have money to pay its creditors), the attorney will help you pay the claims with the higher priority.

You are not personally responsible for your dad's bills, although you generally cannot keep assets (like money in the bank, land or a car) and not pay the creditors. You also have to pay in order of priority - if you don't do things right, then you can be held accountable. All another reason why you should seek out probate counsel.