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Thread: Can an executor be sued personally for debts of the estate?

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    Lummy's Avatar Senior Member
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    Can an executor be sued personally for debts of the estate?

    Can an estate executor actually be sued personally for the debts of the deceased whose money is depleted from paying off debts already? I heard on talk radio that an executor could be held personally liable for debts still outstanding of the estate, and I don't believe it. It has to be nonsense. Who would be an executor if it meant risking your own financial existence for stuff that might come at you from out of nowhere that you knew nothing about and were never your problem in the first place?

    The parties suing the executor in this case were members of her own family.
    Fool me once, shame on you. Fool me twice, that's the proof of your dishonesty and bad faith I've been looking for.

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    For the most part, no, the Executor is not responsible for the deceased debts. They ARE responsible for timely payment of debts, and prioritizing those debts.

    https://info.legalzoom.com/executor-responsible-debts-4720.html
    I never lose.... I either win, or I learn.

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    The answer isn't easy. The general rule is money in the estate should be used to pay the decedent's debt. However state law will rank creditors- for instance credit card debt is last. The executor is not liable for estate debts, but if they improperly pay any of the decedent's debt that is on them. So don't pay anything; keep the estate money where it is until probate is over and the judge has directed where the money goes.

    Smart people pass as much of their money outside of their estate. That is a way to leave the creditors holding the bag. An example, life insurance pay-outs pass to the person listed in the contract, it does not go through the estate.
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    Not without some allegation of negligence or breach of fiduciary duty. I have never heard of an executor being sued by a debt holder. Now, a beneficiary, that's different.

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    Not sure, but I think she was both executor and one of the beneficiaries since she was a family member.

    That might explain much, I guess.
    Last edited by Lummy; 06-11-2019 at 04:07 AM.
    Fool me once, shame on you. Fool me twice, that's the proof of your dishonesty and bad faith I've been looking for.

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    My attorney always tells me, "You can sue the Pope for rape -- but you might not win," indicating that you can sue for virtually anything but frivolous suits will likely be dismissed.
    I have from an early age abjured the use of meat, and the time will come when men such as I will look upon the murder of animals as they now look upon the murder of men.
    ~Leonardo da Vinci

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    Quote Originally Posted by FindersKeepers View Post
    My attorney always tells me, "You can sue the Pope for rape -- but you might not win," indicating that you can sue for virtually anything but frivolous suits will likely be dismissed.
    Judges can impose sanctions for frivolous suits (like Stormy's), but most judges don't use that tool.
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