What are my responsibilities to my dad’s creditors?
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What are my responsibilities to my dad’s creditors?
My father died 4 months ago and I am the sole person in his Will. He only had $2,600 in a checking account. The bank requires a letter of probate and did not own property. The county requires an attorney to probate the Will for a cost of $1000-1500. We do not have that kind of money to pay out of our own pocket to pay my dad’s creditors. Am I responsible to legally to pay his creditors and use my own money for attorney’s fees? What should I tell the creditors?
Asked on March 21, 2012 under Estate Planning, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of most states in this country, there is an expedited procedure to probate an estate less than $100,000 in your situation where you can do it without the need of an attorney doing all of the work. You would then give notice of the probate to all creditors of your father where due to the small estate that he has, they would receive pennies on the dollar.
You are not legally responsible to pay your father's creditors with respect to his estate out of your own money.
If there is a legal aid program in your county I would contact it for assistance. Or, you can have an hour or so consultation with a Wills and trust attorney to point you in the right direction. Another option is to seek assistance from your county law librarian with the forms you need to complete and the procedure you have to undertake.
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