A beneficiary owes a large debt to a decedent’s estate. Can this debt be subtracted from the beneficiary’s inheritance?

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A beneficiary owes a large debt to a decedent’s estate. Can this debt be subtracted from the beneficiary’s inheritance?

General question

Asked on June 10, 2009 under Estate Planning, Texas

Answers:

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

Answered 12 years ago | Contributor

Generally, the debt owed to an estate by a beneficiary of the same estate can be off set against their inheritance, as long as it does not violate any local law or ordinance.  The attorney probating the estate will be able to let you know.  The Probate clerks in the Courts are also great resource.  They know all the ins and outs of the local statutes and how the court will react to the situation. Be careful to ask how it affects the tax situation on the estate as well.


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