[jimmiicc]

I am from Massachusetts. My dad recently died last year. :( He had a will that declared me as the executor. The house and bank accounts would go in my name. He also left some credit card bills behind.

According to the atty who drafted the will (who still hasn't been able to complete my appointship as executor :mad:), after exhausting the bank accts by paying all the creditors who put a claim in, other creditors would not be able to touch the money from the sale of the house. Is that true? Or do I need to use that money from the sale of the house to pay off the remaining debt? He also stated that if no ones puts a claim in for any of his bills a year from the date of his death, they would not be able to go after it anymore.

BUT...

According to another atty that I consulted recently, he stated that as the executor, the money from the sale of the house HAS to be used to be pay all creditors who put in a claim. He also stated that the creditors would not be able to put in a claim a year from the date I get appointed, NOT from the date of my father's death.

BOTH atty's info conflicts each other. Who am I to believe? :confused:

ALSO, I was an authorized user on one of his credit card (AMEX) but not a joint acount holder.
Am I liable to pay for it or is it my dad's estate? One atty said that I am liable for it but the other said that only the debt I accrued after his date of death is what I am liable for. Again, both conflict each other.

PLEASE HELP!! THX

[cdad]

Under normal rules the "estate" which includes the home would be liable for the outstanding debt. As far as the credit card is concerned you need to cut it up and never use it. It doesn't belong to you nor the estate.. only the debt from it. Also you don't have to pay all debts on an automatic basis. You do have the right to challenge a debt just as your father could have being executor of the estate.
After everything is said and done the remainder of what's left goes to the will and is executed from there.

[Fr_Chuck]

Yes, normally the money from the sale of the estate ( house) is used to pay all of the bills from the estate. And when you open the probate ( have you done that yet) there is a time frame for them to file a claim from the time you are officially appointed by the court.

As for the credit card, as long as you did not use it after his death you are fine