Q: Am I legally required to administer my mother's estate if she died owing money?
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer my mother's estate first, so she gets my father's money, and her creditor can get paid.
A: If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
Jack Mevorach agrees with this answer
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A: You do not need to administer your mother's estate. There is a procedure for the creditor to petition the Public Administrator to administer your mother's estate to get paid. It is true that your mother's estate is a beneficiary of your father.
Jack Mevorach agrees with this answer
1 user found this answer helpful
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