Is the estate executor or power of attorney required to pay off all debt after someone dies, if the life insurance is left for other purposes?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is the estate executor or power of attorney required to pay off all debt after someone dies, if the life insurance is left for other purposes?

Asked on December 22, 2011 under Estate Planning, Indiana

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 13 years ago | Contributor

If an estate needs to be open in court, the administator/executor collects the assets, determines the liabilities, and pays off the liabilities with the assets as instructed by the will and law.  If there are any assets left, the administator distributes the assets.  If liabilities exceed assets, and there isn't a cosignor on the debt, nobody is responsible for the unpaid debts.

The person with the power of attorney lost all power when the person dies.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption