What is the executor of a Will responsible for financially?

My mother’s sister passed away and left a run down condominium, a vehicle that must be repossessed, and a large amount of debt. From what I am told, the Will was not valid. However, my aunt’s friend’s lawyer who is handling all of this, says my mother is fully responsible for all of the repairs and debt, saying she is the executor of the Will. My aunt has not spoken to my mother in over 15 years. Any and all advice on our actual legal obligations or information that I should know would be greatly appreciated.

Asked on July 17, 2015 under Estate Planning, Florida

Answers:

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

Answered 5 years ago | Contributor

Your Mother in NOT personally responsible,  The estate is responsible and if the estate has nothing but debt then it is insolvent.  If your Mother is the executor or proposed executor have her hire her own lawyer and fire the one that is presently handling the matter.  She has control of that.  Get her GOOD legal advice asap. 


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.