What is a personal representative’s duty to pay off old debts of the deceased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a personal representative’s duty to pay off old debts of the deceased?
My dad died last year and I’m his estates personal representative. I have received a couple of notices from collection agencies for debts from about 8 years ago. There is no proof in his files that he owes this debt. I checked all 3 credit reports and the debt is not listed on them. What is the statue of limitations on debt? Am I required to pay? One is a hospital bill and one is a credit card. Can they come after me for the money. I want to close out his estate and am afraid to do so until I find out my obligation.
Asked on October 30, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Do you have an attorney helping you? You should consider it even if it is just for consultation. As you know, you have an obligation as the personal representative of the estate to pay off the debts of an estate before you can distribute the remainder to the beneficiaries. It is my understanding that the statute of limitations on a credit card debt is four years in California but I would double check that. As for the hospital bill, that is tricky but generally about the same amount of time. But again, I would double check with an attorney in your state. The personal representative of an estate has a fiduciary duty and that can get you in to personal trouble if you do not figure this out before you close the estate. 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.