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Estate conservator

Posted on 5/24/24 at 11:55 pm
Posted by Purple Spoon
Hoth
Member since Feb 2005
20232 posts
Posted on 5/24/24 at 11:55 pm
Relative died. Children are definitely not financially oriented people(all girls). If I accept the executor designation and help coordinate life insurance policies and burial stuff am I going to be liable in any way for his debt? I know he had credit cards and loans and such.

No will and no beneficiary on his life insurance.
Posted by Free888
Member since Oct 2019
2906 posts
Posted on 5/25/24 at 4:21 am to
Depends on the family. If you think there might be trouble, probably good to have an estate attorney just in case.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45163 posts
Posted on 5/25/24 at 6:42 am to
No. His debt is his debt.
Posted by Free888
Member since Oct 2019
2906 posts
Posted on 5/25/24 at 7:36 am to
Yep, missed the question. No responsibility for the debt, will need to coordinate distributions.
Posted by Dawgfanman
Member since Jun 2015
25904 posts
Posted on 5/25/24 at 7:38 am to
quote:

Relative died. Children are definitely not financially oriented people(all girls). If I accept the executor designation and help coordinate life insurance policies and burial stuff am I going to be liable in any way for his debt? I know he had credit cards and loans and such. No will and no beneficiary on his life insurance.

If you become executor, you’ll be responsible for disposition of his estate. You’ll need to pay the bills and debts (if they are legally submitted to you or your knowledge) using the estate’s assets to do so. Then distribute the leftover to those who are entitled by law to them afterward. You can generally take a fee for doing this (varies by state). You can also hire an attorney, accountant etc to help. It shouldn’t cost you anything. If you do it wrong, you can be sued by a creditor or the potential inheritors.
Posted by Purple Spoon
Hoth
Member since Feb 2005
20232 posts
Posted on 5/25/24 at 8:04 am to
Sounds good.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16616 posts
Posted on 5/25/24 at 12:13 pm to
No. The succession administrator is not liable for the decedent’s debts but the heirs can be to the extent that they accept assets.
Posted by Purple Spoon
Hoth
Member since Feb 2005
20232 posts
Posted on 5/25/24 at 12:28 pm to
Perfect
Posted by Fat Bastard
2024 NFL pick'em champion
Member since Mar 2009
89299 posts
Posted on 5/26/24 at 2:43 pm to
quote:

No. His debt is his debt.


correct.
Posted by Roscoe14
Member since Jul 2021
356 posts
Posted on 5/27/24 at 4:20 pm to
quote:

No will and no beneficiary on his life insurance.

This is the problem here. While I am not familiar with Louisiana law, this typically means you need to go through probate which is definitely not a do-it-yourself process. You will need to hire a lawyer experienced in this area.

Moreover, if there is no designated beneficiary on the policy and the kids dispute who is entitled to what share of the insurance benefits, the insurer is going to interplead (i.e. file a lawsuit and deposit the funds with the court). This means hiring yet another attorney.

So, I would only take this on if (1) there are sufficient assets in the estate to hire counsel, (2) the kids are all reasonable, and (3) the debts are all well-defined and manageable.
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