If my father-in-law died last year without even enough money to pay for his funeral expenses, what is the best way to stop his creditors?

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If my father-in-law died last year without even enough money to pay for his funeral expenses, what is the best way to stop his creditors?

There’s an Affidavit of Small Estate on the county’s web-site but is that what I really need? I was about to send each creditor a letter, listing/showing their bill, and stating that he did not leave anything beyond funeral expenses.

Asked on February 16, 2012 under Estate Planning, Pennsylvania

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 12 years ago | Contributor

If the estate is insolvent, the creditors have no recourse.  You or any other family member is not liable for his debts; only his estate is legally responsible.  You can write the letters and that should end it.  Or you may choose to not even probate the estate if he had no assets.  Remember no beneficiary can be paid until all debts are paid.


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