Money owed to an estate

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Money owed to an estate

Debt owed to the deceased but estate was
settled. Is debt owed to heir?

Asked on May 15, 2019 under Estate Planning, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Only the estate was entitled directly to these payments, not you as an heir/beneficiary. Accordingly, it was up to the estate to sue for the money. Since it did not and closed probate, the debt can no longer be collected. If you think that the personal representative/executor intentionally allowed this to occur for some reason or was negligent in the matter, you may possibly have recourse against them personally. At this point, you should consult directly with a local probate attoreny.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the heir is not personally entitled to those payments: they are debts owed only to the estate and are not inheritable by an heir (even though the heir may inherit any money paid into the estate while it is open). Once the estate is setteled and closed, the payments cannot be received by anyone, since there will be no one entitled to them.


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