JULY 9, 2001
DEAR ED:
I don't know what the law in New York is, but generally speaking, creditors have up until a year after the will has been filed for probate to submit a bill for payment.
Ask the probate court if it would be permissible for you to set aside a certain amount ($4,000 or less) in a reserve bank account in anticipation of future unpaid bills, to be distributed to the heirs after the year has passed.
The main thing you need to consider is whether you published a notice in a local daily or legal newspaper about the existence of the deceased's estate, so that creditors could properly be aware of the death and then would know they need to submit the bill, if any exist.
Also try to get access to the deceased's credit bureau report or medical records or go through his personal papers to find out about any outstanding debts (which you may have already done).
SINCERELY,
[email protected]
