Who pays for it?

[Tootie]

Hello from Minnesota!!
My husband is the executor of his sisters will and small estate. She passed away a month ago. She was ill and living in a nursing home. For about 6 weeks, she received assistants from the state. Her daughter was power of attorney. Everything must go through probate. Her daughter has now spent down her account with nothing left in the bank for probate fees,attorney fees,etc. Would my husband be responsible for these unpaid cost since he is the executor? The laywer needs mo ney up front to start the probate process. We are not sure if we need to get a laywer for our own sake.

 

[ALawyer]

I am just curious as to why the small estate must go through probate if there are zero assets. UNLESS there are some assets beyond the cash the daughter spent, why bother? Is there any insurance, a house, other property? And the state may get some of the assets anyway.

If there are some assets, in some states there are relatively simple processes for handling estates. You may be able to handle it on your own but as it itakes menatl anguish attorneys handle them for modest amounts.