Does Death Relieve a Family from Making Payment of Monies Owed by a Decedent?
A creditor has a right to look for payment of any outstanding obligation incurred in the decedent’s lifetime from those properties owned by the decedent in her name alone. In most cases, creditors and family members agree on the amount which the decedent owed, and payment is made voluntarily by the executor or administrator However, a creditor may want to protect himself by filing a written claim of the debt with the executor or administrator and, if he has been given a specific written notice by the executor or administrator inviting such a written claim, the creditor must file that claim within the time limited by that notice. The failure of the creditor to file such a claim as requested may very well bar that creditor’s right of recovery. In many instances’ properties in the name of the decedent and another or others in survivorship will not be subject to the claims of all creditors against the decedent. However, there are exceptions to this rule which should be carefully considered
