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Requesting Executrix

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Judy7171

Junior Member
California

My mother was divorced and my father passed away many years ago and I am/was their only child. She passed away last Christmas without a Will.

In order to get a copy of her credit report to see a list of her creditors, add my name on the mortgage, get access to her accounts, etc., I need to be her Administrator/Executrix.

However, I do not want to assume her medical bills since I am currently unemployed and her medical treatments (cancer) were quite extensive and costly.

Can I just give the court(s) documentation verifying I am her only heir and beneficiary such as a Determination of Heirship to be named her Administrator/Executrix?
Can I have a Determination of Heirship without a full-fledged probate?

Thank you in advance!
 


anteater

Senior Member
The estate's personal representative does not "assume" the deceased's debts. The personal representative is not personally liable for the debts. The personal representative is responsible for paying legitimate creditors from the estate'a assets.

Your post makes it sound like you believe that you can receive your mother's assets without satisfying her creditors. It doesn't work that way.
 

Judy7171

Junior Member
Extreme Misunderstanding

Perhaps I need to apologize. I certainly did NOT intend to sound so despicably vile.
I did not think I needed to detail, but I was wrong.

I am a Joint Tenant on the deed of my/my Mom's home. However, I am not on the loan. The bank will not give me any information on the loan or even the payment amount since I am not an Executrix/Administrator. I want to dutifully pay and not let it foreclose.

When my Mom was extremely ill (Cancer, Stage 4), she was on heavy dosages of morphine. In her stupor, she gave her roommate her credit cards and PIN numbers. I found that he took $30k in 4 months from ONE account!
She did not authorize this.

I don't know which banks she had accounts in...which is why I need a list of her creditors or her credit report. I need to see her bank statements so I can verify if he took more funds out while she was hospitalized.
However, I already know that since I am not an Executrix/Administrator, they will not release any information.

I do not wish to call the authorities because there is no viable proof that she did not authorize him to take her money; she has since passed away.
The only proof was when she told me when found out all the money was gone, she was absolutely livid. (She was not on morphine anymore).

>>Your post makes it sound like you believe that you can receive your mother's assets without satisfying her creditors. It doesn't work that way.<<

Completely the opposite.
From what I know, she had hardly any assets left. Because of that, I felt it was my duty to pay her doctors, hospital bills, cancer treatments, and nursing home bills after her death.
Since I am her only child and I have no other living relatives, I used up most of my bank accounts just trying to keep her alive.
That is why I said that I am unemployed and cannot assume her medical bills (anymore).

I also need to be her Executrix/Administrator so I can do her final year taxes. I cannot do them completely because the banks/creditors will not give me any information or send me the appropriate documentation.

Which is why I asked:
Can I just give the court(s) documentation verifying I am her only heir and beneficiary such as a Determination of Heirship to be named her Administrator/Executrix?
Can I have a Determination of Heirship without a full-fledged probate?
 
Last edited:

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