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Question regarding bills of deceased...

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blujeans1008

New member
Ive been caring for an eldery gentleman. He recently passed away.

There is a will signed by both parties (him and i) witnessed and signed by a notary.

The will however was never filed with the courts. All that was left to me were bills. Am i legally obligated to pay those bills ( bills are only in his name). I feel morally obligated, but i honestly cannot afford said bills.

Can i be in legal trouble if i do not pay the bills?
 


adjusterjack

Senior Member
The will however was never filed with the courts. All that was left to me were bills. Am i legally obligated to pay those bills ( bills are only in his name). I feel morally obligated, but i honestly cannot afford said bills.

Can i be in legal trouble if i do not pay the bills?
You are not personally obligated. The estate is obligated to pay the bills to the extent that the estate has money or assets. If the estate has no money or assets you'll have to notify the creditors (assuming you were nominated as executor in the will). Look up the small estate probate or affidavit procedure for your estate and follow the procedures.
 

zddoodah

Active Member
What state?

There is a will signed by both parties (him and i) witnessed and signed by a notary.
Why did you sign his will? Is the notary the only person who witnessed the will?

The will however was never filed with the courts.
A will wouldn't generally be filed with a court until after the testator dies. You wrote that this person died "recently." Exactly when was "recently"?

All that was left to me were bills.
Bills cannot be left to others via will (or otherwise).

Am i legally obligated to pay those bills ( bills are only in his name). I feel morally obligated, but i honestly cannot afford said bills.

Can i be in legal trouble if i do not pay the bills?
If you were not obligated to pay the bills before this person died, then you're not obligated now (unless you've agreed to become liable for them). However, if you receive assets from his estate while bills remain unpaid, then you could be held liable to the creditors up to the value of the assets you received.
 

LdiJ

Senior Member
Ive been caring for an eldery gentleman. He recently passed away.

There is a will signed by both parties (him and i) witnessed and signed by a notary.

The will however was never filed with the courts. All that was left to me were bills. Am i legally obligated to pay those bills ( bills are only in his name). I feel morally obligated, but i honestly cannot afford said bills.

Can i be in legal trouble if i do not pay the bills?
You do not have to open probate, and you wouldn't be responsible for his bills anyway. If there are no assets to pay the bills, then the creditors are SOL. However, if he owned a home or a car or any other significant asset that he left to you, then you would need to open probate and you would have to sell whatever assets were available to pay his bills.

You aren't even morally obligated to pay his bills.
 

quincy

Senior Member
In addition to the state name, blujeans1008, what exactly was your relationship to the elderly gentleman for whom you cared?
 

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