What is the executor of a Will responsible for financially?

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What is the executor of a Will responsible for financially?

My mother’s sister passed away and left a run down condominium, a vehicle that must be repossessed, and a large amount of debt. From what I am told, the Will was not valid. However, my aunt’s friend’s lawyer who is handling all of this, says my mother is fully responsible for all of the repairs and debt, saying she is the executor of the Will. My aunt has not spoken to my mother in over 15 years. Any and all advice on our actual legal obligations or information that I should know would be greatly appreciated.

Asked on July 17, 2015 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your Mother in NOT personally responsible,  The estate is responsible and if the estate has nothing but debt then it is insolvent.  If your Mother is the executor or proposed executor have her hire her own lawyer and fire the one that is presently handling the matter.  She has control of that.  Get her GOOD legal advice asap. 


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