probate courts sent a bill for 1200.00 there is no money in the estate. Is the Personal Representive or administrator pay this from their own money

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probate courts sent a bill for 1200.00 there is no money in the estate. Is the Personal Representive or administrator pay this from their own money

This is in the state of Tennessee. The estate has been in probate for 7 yrs. The first administrator (not family) was removed because her son had my aunt to sign quitclaim deed while she was in the hospital. and she (administrator) would not sue her son. I was appointed administrator had the son sued and judgment was made for son to pay for house (4yrs ago) he never paid. as of March 2009 he has filed bankruptcy, foreclose is taking place and there may be no equity. That means there is no money to pay lawyer for probate and to pay probate courts. Do I pay from my own money for these debits.

Asked on July 3, 2009 under Estate Planning, Tennessee

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this ara of the law.  The money is owed by the estate, not the administrator personally.  I suggest having the estate appear as a creditor in the son's bankruptcy action and find out whether you can enforce the judgment against the son since he commited fraud (fraud is not dischargable in BK).  If you can get any money from the son, the estate gets to collect the money and can then use that money to pay other creditors, including the court.  I suggest hiring a lawyer to represent the estate in BK court when the son files. 


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