ADDITIONAL INFORMATION:
When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process?
ANSWER BY MARGARET CROSS-BELIVEAU:
If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable for improperly paying debts that don’t have to be paid. In Massachusetts, creditors must bring a lawsuit to perfect their claim against the estate within a year from death. If the creditor hasn’t done so, then the debt doesn’t have to be paid.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
Beliveau Law Group: Massachusetts | Florida | New Hampshire
The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
