Executive of the estate power??

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

Ok be gentle and talk slow with me this is all new to me. My father just recently passed away and his g/f told me since there is no common law in MA that i have to deal with debt collectors. I know it comes out of his estate, but aren't the debt collectors only interested in things they can title (Land, cars, motorcycles, boats, etc). Also all the things that are titled are in both of there names, so what happens? Does she have to turn over or sell the estate? The debt is around 100,000 and all his estate is maybe worth 40,000. Most of his debt is credit cards.

I guess what i am getting to is i don't want her to start selling stuff off. Her name is on some of the debt but 60,000 of it is solely in his name wich i will be dealing with. I don't want to just get debt and nothing that my father valued.

Anyone that takes the time to read this THANK YOU and anyone with any knowledge on this THANK YOU ALOT

Steve

The creditors aren't intereted in "thngs." They don't want "things." They want cash. And, if something can be turned into cash, that is what they will want - titled or not titled. (Of course, it is more difficult to establish that non-titled things actually exist or, for that matter, who actually owned them.)

If your father and girlfriend owned assets jointly with right of survivorship, then ownership would pass to her through operation of law (the titling) rather than through the probate process. You would need to ask an MA attorney if there is any way that the creditors could get at the value of those assets.

Let's go back to basics. Is there anything that you are expecting or want to receive from your father's estate? If there isn't, you can walk away. Tell any creditors your father's situation, that you have no intention of opening probate/administering the estate, and that they are free to do so themselves. You are under no obligation to his girlfriend or the creditors. If there is, then you best be a pretty darn good negotiator, given the amount of assets and liabilities.

The stuff about "no common law" is misdirection, an attempt to pass the buck, and not really relevant.