My brother passed leaving no will. My parents are administrators of his estate that has no money.
Fort Worth, TX
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Posted 6 months ago in Probate
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We received a lawsuit from a credit card company for an unpaid bill for $11,000.00. His estate has no money. What do we do?
Answers (1)Dennis Michael Phillips
This attorney is licensed in Florida.
Posted 6 months ago.
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In Texas terms, the credit card company is pumping a dry well. Your parents' job in administering the estate is to marshall what assets there are, notify creditors to give them a chance to file their claims against the estate (like this creditor did), transfer title to whatever property is passing, and settle out the claims. If there are no assets to claim against, probate is the process to formalize and finalize that. Unless there are survivors who co-signed on any of your brother's debts as personal guarantors, the buck should stop at the probate estate.
In Florida, where I practice, the Personal Representative (aka executor/executrix) administering the estate must hire an attorney. Even if Texas law does not require it, it's a rocky road; and I think your folks would be wise to hire someone who knows how the process works. This is just general information. I am a Florida personal injury and wrongful death lawyer. Visit my website for general information and for Florida-specific information; and, while you're there, click on the banner at the top for travel, gas, and food vouchers. They change periodically, so visit again and again. |