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not2cleverRed

Obvious Observer
there is a will and she is named Independent Administratrix with full seizin and without bond

the will is not i probate court just yet due to the fact that my dad didn't do my moms succession when she passed so we are doing my moms succession first then doing my dads. According to the paper work, my dad owes us a lot of money which his assets aren't enough to cover what my mom left us.

another question I have is.. if my moms will left me and my sister assets and my dad's estate doesn't have enough assets to cover what my mom left us..but willed the administratrix about $89,000 worth of assets..does she have to return what he left her to pay us?

The lawyer my dad hired is a flake and seems to be on her side...so I am trying to get as much information as I can so when I go for my next appointment I will have a little knowledge
The debts of the estate have to be paid first.

If there is not enough to cover the outstanding debts, then there remains nothing to inherit.
 


I understand that the debts have to be paid first which my sister and I are doing out of our own money..she changed the addresses to all the bills so that they would be sent to my sisters house without my sisters consent..therefore she is not doing her job. she has taken possession of a truck which was willed to her even though we have not gone through probate yet and she is driving the truck while we are paying for the insurance. We don't want to cancel the insurance just in case she gets in a wreck and my sister and I would be held responsible for.
 

Zigner

Senior Member, Non-Attorney
I understand that the debts have to be paid first which my sister and I are doing out of our own money..she changed the addresses to all the bills so that they would be sent to my sisters house without my sisters consent..therefore she is not doing her job.
Huh? If probate hasn't been opened, then she has no "job" to do.
she has taken possession of a truck which was willed to her even though we have not gone through probate yet and she is driving the truck while we are paying for the insurance. We don't want to cancel the insurance just in case she gets in a wreck and my sister and I would be held responsible for.
How would you be held responsible?
 

not2cleverRed

Obvious Observer
I understand that the debts have to be paid first which my sister and I are doing out of our own money..she changed the addresses to all the bills so that they would be sent to my sisters house without my sisters consent..therefore she is not doing her job. she has taken possession of a truck which was willed to her even though we have not gone through probate yet and she is driving the truck while we are paying for the insurance. We don't want to cancel the insurance just in case she gets in a wreck and my sister and I would be held responsible for.
Again, please consult with a local lawyer, because you're clearly not understanding.

The ESTATE's debts are paid for by using the ESTATE's assets. Not yours.
 

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