What is the personal resposibility for medical bills of an executor of estate, if the funds have already been disbursed?

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What is the personal resposibility for medical bills of an executor of estate, if the funds have already been disbursed?

My husband is the executor of his mother’s estate. She had $46,000 from a settlement after a Medicaid lien was paid. Funeral expenses were paid from these funds. My husband began dibursement per her written will and her verbal wishes she made at our home while under Hospice care. There were no claims submitted until about 6 months after her death. Medical claims have now been submitted. There are not adequate funds in the estate to pay these bills. Some are expenses from years ago. As executor what are his responsibilities to personally see that these are paid?

Asked on July 31, 2012 under Estate Planning, South Carolina

Answers:

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

Answered 8 years ago | Contributor

Please seek legal help in your area.  If your husband did was he was supposed to do regarding noticing creditors as to her passing then if they do not comply with the law and file claims with in the time perod permitted under South Carolina law they are precluded from collecting.  Good luck.


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