Help lol

UPDATED: Oct 1, 2022

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Help lol

My mother passed in August. I was named the executor and have found out that she has about 200 with PAI and 8000 from the state of New Jersey. There are no other assets and the debt she has is more than her total asses. Ford has repossessed her car and creditors continue to call. The house she owned is behind on mortgage payments. I live out of state and I can’t open an estate account. What can I do?

Asked on February 28, 2018 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, be aware that you are not personally liable for any of her debts (unless you co-signed or guaranteed them), so you are not responsible to pay any debts and when creditors call, you can tell them that the estate appears to be insolvent and that you are in the process of removing yourself as executor (see below). Many will then stop bothering you.
Second, you can't be forced to serve as executor. Since the debts exceed the estate, there is really no reason for you to spend time or effort or emotional energy on this. Contact the probate court and explain that you are not in a position to continue as executor for a seemingly insolvent estate located in a different state. Find out what form or document you need to provide in order to remove yourself as executor. The estate then is not your problem, and when creditors call, you can tell them that you are not the executor and hang up.

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 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.

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