Yes I was the executer of the estate through probate but I;m not sure if the probate publicised that or not And yes it was arranged by probate and there was an estate and yes I did publicise my Sisters Death in the county news two to three days of learning of her death. But I did not sign anything stating that I would pick up this bill or any other bills she may have had. By the way I have not lived in Michigan for 11 years now.
The way this Avvo works--whoever you are attempting to contact may not see your post here, its not linked to any other post and on its own, makes no sense.
NO ATTORNEY CLIENT PRIVILEGE IS CREATED OR EXISTS. Do not rely on any answers you get online from me or any other lawyers in this forum---nothing substitutes for a confidential and protected discussion with an attorney. There is no way you have provided sufficient information for a proper legal analysis—can’t be done online. This is a general legal question and answer site and guidance here is for general interest---a push in the right direction.
The only way to get your comment in front of the lawyer who answered originally is to add what you have to say as a comment to his answer.
As a general matter, creditors can only collect if a person leaves a probate estate. Then the creditor can only collect from the assets in the estate. As personal representative you have an obligation to follow the probate court rules. However, you do not have an obligation to pay out of your own pocket.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
I recognize this post from an earlier fact summary, I believe seeking information on whether a debt to a plumber was enforceable or not. If the debt was a legitimate expense and it was filed with you as the PR on a timely basis, then the estate assets would normally need to be used to pay the debt. There may be an exemption or allowance if the estate is very small. You may also get the creditor to accept a lesser amount, through negotiations. Otherwise, the estate would be liable. If the assets of the estate are insufficient to pay the debt, then the creditor is out of luck. There is an exempt property allowance of $15k, which comes off the top of the estate and is not subject to creditor claims.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you find our answer helpful!
What I remain unclear about is whether proper constructive or actual notice was given by the estate, thru publication or otherwise. The court doesn’t do that—- you or your atty do that. If it hasn’t been done properly, yes, you can be held personally liable. Get legal advice!!!!!!!!!
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
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