Expert: Apex Credit Services, LLC - 12/26/2007

Question
Please help me. My grandfather died five months ago and left me as sole executrix of his estate. I have had to dig into credit cards to pay for legal fees for will probate and for part of his funeral costs. Then I learned my grandfather was behind on his property taxes by ten years. I had to get a home equity loan on his home to pay off thousands of dollars in property taxes and took out extra to pay the credit card fees I accrued handling his estate and funeral. My problem is that he owes money to a few credit cards. I would say a total of about $2,000 to one, $300 to the two others. I don't really have any money left over to pay these people but I am getting letters from law firms addressed to the estate executer asking for repayment. Am I legally liable to pay these people from my grandfather's estate? Can they sue the estate? In a few months when probate is complete his property will be under my name, but I am absolutely in debt with his other affairs and have his equity loan to pay back for the next fifteen years. When I called one of the creditors, she told me that by law she had to tell me that I am not legally liable to pay the balance on the account, but the company keeps billing my grandfather and have even increased the credit card interest to 35% since it has not been paid since the summer. And the balance is growing. Also, since there is an estate and a will, does that change everything and MAKE me become liable to handle his debts?

Answer
Donna:

    Please be advised that we are not experts in matters pertaining to wills and trusts.  That said, you are not personally liable for the debts incurred from your GrandfatherS estate.  The creditors may elect to sue his estate but, if there are no assets then there is really no sense in doing so.  Moreover, the likelyhood of them taking action is reduced by the fact that these debts are rather marginal in amount.

    Apex Credit Services, LLC