Is an heir personally responsible for debts of the estate of his Brother?
Full Question:
I am an heir in an estate of of deceased Brother. The executor says I am responsible for debts of the estate. Is that correct?
11/05/2016 |
Category: Wills and Es... ยป Creditors of... |
State: Pennsylvania |
#26216
Answer:
You are not personally liable for the bills but assets of the estate which you may otherwise be entitled to may be what he is referring to that may have to be sold and used to pay the bills. The Executor has to notify creditors to file their claims and publish a notice in the newspaper to creditors of the death and opening of the estate. The creditors have one year to file their claim or notify the executor. Those claims have to paid or resolved before assets are given to heirs.
Some creditors may agree to compromise their claims.
Creditors are entitled to payment in the following order. If there are not enough assets in the estate to pay all claims creditors must be paid in this order.
§ 3392. Classification and order of payment.
If the applicable assets of the estate are insufficient tovpay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims due the United States, shall pay them in the following order, without priority as between claims of the same class:
(1) The costs of administration.
(2) The family exemption. ($3,500.00 as provided in Section 3121 et al)
(3) The costs of the decedent's funeral and burial, and the costs of medicines furnished to him within six months of his death, of medical or nursing services performed for him within that time, of hospital services including maintenance provided him within that time, of services provided under the medical assistance program provided within that time and of services performed for him by any of his employees within that time.
(4) The cost of a gravemarker.
(5) Rents for the occupancy of the decedent's residence for six months immediately prior to his death.
(5.1) Claims by the Commonwealth and the political subdivisions of the Commonwealth.
(6) All other claims.
(Feb. 21, 2006, P.L.45, No.17, eff. imd.)
