My father-in-law named my husband as POD/Executor of his will. His house is paid off, car is paid off the only debt left is hospital bills and a Lowe's credit card. Can the hospital and Lowe's come after my husband? Take the house, worth well less than $100,000, take the car or repo any items my father-in-law bought? What should we do?
Your husband is not liable for the debts of his father by virtue of being the executor of his will. If your father in law passed away, then the creditors would be allowed to try and collect against the assets of the probate estate. The only creditor who have the right to a repossesion are those who first got a judgement in court or who are secured with a lien in the property that they seek to repossess (like a car loan).
It is unclear from your question whether your father in law has passed, however whether he has passed or not, you should speak with a probate attorney.
You should talk with a Probate attorney. The probate laws allow for certain priority of claims to be paid and hospital bills for the last 90 days is one of the higher priority claims. The home is most likely exempt as homestead but the automobile may not be exempt from claims of creditors and may need to be sold to pay creditors. An experienced Probate attorney should be able to answer your questions in a short consultation, remember to bring a list of all assets, debts and a copy of the will if applicable.
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