What happens to an unpaid debt after probate is closed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens to an unpaid debt after probate is closed?
My husband’s father passed away a year ago. We went through probate and it has closed. However, last week we got a letter from the lawyer helping us at the time saying that he forgot to mention a check that my father-in-law signed the day before he died that we need to pay. Are we liable for his check since probate is over? We did not know about the check and the lawyer said it slipped his mind?
Asked on May 18, 2015 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Hummm, sounds like it is the fault of the attorney and maybe not a probate issue. Generally sepaking, if there is a creditor that fails to either timely file a claim against the estate or the decedent then the action against the estate is time barred. If the attorney( was he the executor as well?) failed to pay a debt of the estate that he had knowledge of then maybe he may be personally responsible. You need to discuss this with him and your siblings and decide how you want to approach the matter. Good luck.
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.