probate courts sent a bill for 1200.00 there is no money in the estate. Is the Personal Representive or administrator pay this from their own money

UPDATED: Jul 3, 2009

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probate courts sent a bill for 1200.00 there is no money in the estate. Is the Personal Representive or administrator pay this from their own money

This is in the state of Tennessee. The estate has been in probate for 7 yrs. The first administrator (not family) was removed because her son had my aunt to sign quitclaim deed while she was in the hospital. and she (administrator) would not sue her son. I was appointed administrator had the son sued and judgment was made for son to pay for house (4yrs ago) he never paid. as of March 2009 he has filed bankruptcy, foreclose is taking place and there may be no equity. That means there is no money to pay lawyer for probate and to pay probate courts. Do I pay from my own money for these debits.

Asked on July 3, 2009 under Estate Planning, Tennessee


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this ara of the law.  The money is owed by the estate, not the administrator personally.  I suggest having the estate appear as a creditor in the son's bankruptcy action and find out whether you can enforce the judgment against the son since he commited fraud (fraud is not dischargable in BK).  If you can get any money from the son, the estate gets to collect the money and can then use that money to pay other creditors, including the court.  I suggest hiring a lawyer to represent the estate in BK court when the son files. 

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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