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Old 02-01-2009, 05:45 PM
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debt collections in insolvent estate


What is the name of your state (only U.S. law)? Georgia

In the event of an involvent estate, does the executor or the beneficiaries have to pay the debts? Who pays them? Also, for expenses such as funeral expenses, does the beneficiary or the executor pay them? Also what happens with all the questions above if the executor is also a beneficiary or does that matter?
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Old 02-01-2009, 06:25 PM
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In general (not specific to your state or your situation), the executor and beneficiaries are not liable for any debts they did not agree to. If they were co-signers on a debt, then they are liable for those. If debts exceed the value of the estate, the "beneficiaries" are not going to get anything. Trust accounts are another thing. Speak to an attorney if any of those are involved (they are often not set up correctly).

Funeral expenses depend on how they were arranged. I've never heard of a funeral home agreeing to be paid directly by someone after they die. If it is pre-arranged, there is some kind of pre-paid plan or insurance involved. Otherwise someone has to choose to pay for the funeral.
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