Can a family members be held liable for debts of the estate?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a family members be held liable for debts of the estate?

After my father passed away 2 years ago, my older brother was appointed as the administrator of his estate . A year after he passed away I started get hounded by the probate attorney about my brother’s whereabouts. Come to find out that he didn’t pay the attorney, nor any bills that came through probate, and still owed me money as well. Recently, I received paperwork saying that my siblings and I are being sued by the funeral home because of lack of payment. Am I legally bound to pay since I wasn’t the administrator of the estate?

Asked on January 12, 2012 under Estate Planning, Illinois

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  Generally speaking, the estate is liable for the bills that were not paid and now, your brother can be held accountable because he breached his fiduciary duty.  The probalem you may have is with the funeral bill.  most times the funeral parlor has the family memebers sign a guarantee regarding the funeral.  Do you have that paperwork?  Look at it. And then find your brother and set things straight.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption