Who's responsible for claims against an estate?

Question

My dad died last year with some debts. I'm now getting bills for those debts but I want to make sure they're getting handled appropriately. I'm not the executor of the estate; there isn't one, as there's no "estate" to speak of (my dad didn't own a house, etc). I have a small estate affidavit which, to my understanding, basically says that I inherit all of his stuff (including his debt, assumedly). Some of the claims coming through now are against the "estate of" my dad but, like I said, there really isn't an estate. I realize that I am probably responsible for the debt, but is it appropriate for me to pay these as they're labeled? Should I have the claims changed from "estate of" into my name? Are these debts truly my responsibility, as I assume they are?

I realize these are very tough questions without having ALL the facts, but any help is appreciated. I'm trying to handle this without lawyers, which isn't easy. The small estate claim was made in Multnomah County, Oregon.

Answer 1

Be very careful what you sign and what you say to the people holding the bills against your father. Get advice from a lawyer, until then don't say anything to anyone. Once they get you to sign anything you are in trouble.

Answer 2

First things first. An estate is the deceased property, cash, insurance, bank accounts....anything they have that's of value.

That being said, from what I can tell your are the executor of the estate. Even if your dad didn't own his home, he had to of owned something. Those assets need to be added up and assigned a value.

Depending on the type of credit, your dad may have signed for insurance that covered the debt if he died while the loan was still in effect. Each creditor is a bit different, so you'll need to check.

The claims area is way out of my league, but I would think you would be responsible for those debts. Although the best way would to talk to an attorney.

Answer 3

Don't know about Oregon - but in California, a person who receives property with a small estate affidavit is liable for the debts of the person who died, up to the value of the property received. - A lawsuit can be filed directly against the person who received the property - but the statute of limitations is relatively short - 1 year in most cases.

Answer 4

Yes you have to pay the debts...since you are the heir and there's no will you inherit everything..including money and outstanding debt....I'm going through the same thing myself...but, I hired a probate lawyer...you may want to consider it

Answer 5

you need to go to the probate office at the courthouse and talk to them about debt transferring. many types of debt are discharged when someone dies. call those companies and tell them that you keep getting their bills, your father is deceased, and that he was living off of you prior to his death. theyll write it off. no, you shouldnt have to pay them unless there are proceeds from his estate.
oh, and i would keep that estate affidavit to myself, if you know what i mean. ; )

Answer 6

Get a lawyer to declare the estate bankrupt. It certainly looks like you could do that.

Answer 7

no longer a criminal specialist... yet i be conscious of that (in Maryland) borrowers have 3 YEARS to tap the belongings of a deceased individual. This keeps people from maxing out charge playing cards on their deathbed and then leaving the commercial corporation protecting the handbag. smart belongings making plans takes this into consideration. people of progressed years opt to be allotting THEIR belongings even as they are alive, so the belongings is honestly no longer penalized even as they flow to fulfill God the daddy.