ok i have 2 questions..my dad passed away . im now the estate of him. he rented a apartment and owes them money ..they want me to prove he dont have anything which he really didnt he didnt even have life insurance..also there going to take me to cour ...

Submitted by tamara0223 on

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ok i have 2 questions..my dad passed away . im now the estate of him. he rented a apartment and owes them money ..they want me to prove he dont have anything which he really didnt he didnt even have life insurance..also there going to take me to court because my mother fordged my name on the lease to which i really didnt sign i have her signature mine and my dad and i cant afford a handwriteing alaysis what should i do

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DakotaLegal's picture

Let’s look at both the

Submitted by DakotaLegal on

Let’s look at both the questions you asked (of your dad owing them money and their suing you) together, because there’s a good chance both questions will have the same solutions. But even before we begin that discussion, you can feel pretty comfortable about one thing…at this point, you really don’t have to “prove” almost anything at all to them. Let’s look at what happens when a family member passes away, and the way a Maryland probate court decides (not the creditor or someone who claims to be owed money) what debts can and should be paid.
 
To get comfortable with how a Maryland Probate court operates, check out this information: http://registers.maryland.gov/main/packets/AdministrationBooklet07.pdf. Based on what you said, you’ll probably want to pay special attention to filing as a small estate (total value under $50,000 depending on the number of heirs….or $100,000 if only your mom is inheriting).
 
Can You Get Some Affordable Legal Help?
 
Even if there’s not much in someone’s estate, it can be important to settle debts and transfer title to certain items. There’s often a vehicle, and personal items, and bank accounts and cash. Unfortunately, large legal fees are usually not worth paying for small estates. Fortunately, there are three good options going for you: small estate rules, legal aid, and self-help (do-it-yourself).
 


  1. Maryland’s Small Estate Rules

 
While you won’t get “legal advice” from court staff, they tend to be very helpful in making sure you fill forms out correctly. Here’s a link to one Wills office: http://www.princegeorgescountymd.gov/Government/JudicialBranch/wills.asp?nivel=foldmenu(5). Be sure to follow the rules of small-estate administration, or ask the staff “if there’s more to fill out,” because it will help protect you from any personal liability from the landlord’s claims against you personally.
 
Here’s a link (http://registers.maryland.gov/main/) allowing you to find the right Maryland Wills court, review their filing procedures, and find out how to give proper legal notice to all your dad’s possible creditors to file claims.
 

  1. Low-Cost Legal Aid

 
Depending on where you live, I’d suggest trying Maryland legal assistance (http://www. mdlab.org/)
 

  1. You might also be able to do all, or at least a lot, settling of the estate by yourself.

 
Here’s are links to two self-help forms and booklets: http://registers.maryland.gov/ main/packets/Administration%20of%20Estates%20Pamphlet.pdf (which explains avoiding inheritance taxes and what assets from the estate can be kept away from creditor claims)…and here, talking about your job as the PR http://registers.maryland .gov/main/packets/infoguide.html (what has to be done, when).
 
Let’s look some more at how you are supposed to handle the creditor’s claim.
 
Your Appointment As Administrator/Personal Representative (PR)
 
I’m not sure why your mom was not appointed: perhaps your parents were divorced.
Nothing requires you to serve as the administrator.
 

  • What kind of liability can you have as administrator?

 
The good news is that if you do want to continue to be the PR, there is protection for you….as long as you act honestly and “prudently.” Maryland law 7-103.1 http://statutes.laws.com/maryland/estates-and-trusts/title-7/subtitle-1/7-103-1 says “(T)he personal representative, individually and on behalf of the estate, shall not be liable for failing under this section to ascertain or notify a creditor or for giving notice to a person who is not a creditor of the decedent.”
 
Maryland’s Rules On Creditor Claims
 
“Creditor claims” is a nice way of saying the court gives a certain period of time, for someone to make a valid claim of a debt---six months in Maryland. In your case, having gotten a letter addressed to you is probably (but not surely) enough to give notice of a debt to your father’s estate.
 
There is, though, a priority in what debts have to be paid first. As you go through the bills, you may discover there is not enough money for paying all your father’s debts. There are (first) allowances for fhis uneral expenses, for example, of up to $10,000. Any assets held jointly (owned by your father and mother) probably will not go to the creditor in a small estate. Here’s a useful guide: http://statutes.laws.com/maryland/estates-and-trusts/title-7/subtitle-1/7-103-1
 
You may end up telling the landlord the estate is insolvent, and request that a court dismiss all creditor claims.
 
Negotiate. You may also offer a reduced payment to the creditor, and be sure to get an agreement that it fully satisfies the estate’s entire rental debt. This agreement should also stop you from being individually liable.
 
Don’t accept their final bill as accurate. Try to find items being charged that can’t be proven.
 
The landlord will have a hard time proving their claim on the estate can hold you individually liable. You may want to tell the landlord that (a) you did not sign the lease individually or in fact, and (b) that Maryland law does not hold you individually liable for the debt of an estate. Realistically, if they do sue you, you probably won’t need a forensic or handwriting expert. But do have a notarized signature card, and let the judge take notice of the differences between the alleged lease agreement and your proof of signature.

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DakotaLegal's picture

Let’s look at both the

Submitted by DakotaLegal on

Let’s look at both the questions you asked (of your dad owing them money and their suing you) together, because there’s a good chance both questions will have the same solutions. But even before we begin that discussion, you can feel pretty comfortable about one thing…at this point, you really don’t have to “prove” almost anything at all to them. Let’s look at what happens when a family member passes away, and the way a Maryland probate court decides (not the creditor or someone who claims to be owed money) what debts can and should be paid.
 
To get comfortable with how a Maryland Probate court operates, check out this information: http://registers.maryland.gov/main/packets/AdministrationBooklet07.pdf. Based on what you said, you’ll probably want to pay special attention to filing as a small estate (total value under $50,000 depending on the number of heirs….or $100,000 if only your mom is inheriting).
 
Can You Get Some Affordable Legal Help?
 
Even if there’s not much in someone’s estate, it can be important to settle debts and transfer title to certain items. There’s often a vehicle, and personal items, and bank accounts and cash. Unfortunately, large legal fees are usually not worth paying for small estates. Fortunately, there are three good options going for you: small estate rules, legal aid, and self-help (do-it-yourself).
 


  1. Maryland’s Small Estate Rules

 
While you won’t get “legal advice” from court staff, they tend to be very helpful in making sure you fill forms out correctly. Here’s a link to one Wills office: http://www.princegeorgescountymd.gov/Government/JudicialBranch/wills.asp?nivel=foldmenu(5). Be sure to follow the rules of small-estate administration, or ask the staff “if there’s more to fill out,” because it will help protect you from any personal liability from the landlord’s claims against you personally.
 
Here’s a link (http://registers.maryland.gov/main/) allowing you to find the right Maryland Wills court, review their filing procedures, and find out how to give proper legal notice to all your dad’s possible creditors to file claims.
 

  1. Low-Cost Legal Aid

 
Depending on where you live, I’d suggest trying Maryland legal assistance (http://www. mdlab.org/)
 

  1. You might also be able to do all, or at least a lot, settling of the estate by yourself.

 
Here’s are links to two self-help forms and booklets: http://registers.maryland.gov/ main/packets/Administration%20of%20Estates%20Pamphlet.pdf (which explains avoiding inheritance taxes and what assets from the estate can be kept away from creditor claims)…and here, talking about your job as the PR http://registers.maryland .gov/main/packets/infoguide.html (what has to be done, when).
 
Let’s look some more at how you are supposed to handle the creditor’s claim.
 
Your Appointment As Administrator/Personal Representative (PR)
 
I’m not sure why your mom was not appointed: perhaps your parents were divorced.
Nothing requires you to serve as the administrator.
 

  • What kind of liability can you have as administrator?

 
The good news is that if you do want to continue to be the PR, there is protection for you….as long as you act honestly and “prudently.” Maryland law 7-103.1 http://statutes.laws.com/maryland/estates-and-trusts/title-7/subtitle-1/7-103-1 says “(T)he personal representative, individually and on behalf of the estate, shall not be liable for failing under this section to ascertain or notify a creditor or for giving notice to a person who is not a creditor of the decedent.”
 
Maryland’s Rules On Creditor Claims
 
“Creditor claims” is a nice way of saying the court gives a certain period of time, for someone to make a valid claim of a debt---six months in Maryland. In your case, having gotten a letter addressed to you is probably (but not surely) enough to give notice of a debt to your father’s estate.
 
There is, though, a priority in what debts have to be paid first. As you go through the bills, you may discover there is not enough money for paying all your father’s debts. There are (first) allowances for fhis uneral expenses, for example, of up to $10,000. Any assets held jointly (owned by your father and mother) probably will not go to the creditor in a small estate. Here’s a useful guide: http://statutes.laws.com/maryland/estates-and-trusts/title-7/subtitle-1/7-103-1
 
You may end up telling the landlord the estate is insolvent, and request that a court dismiss all creditor claims.
 
Negotiate. You may also offer a reduced payment to the creditor, and be sure to get an agreement that it fully satisfies the estate’s entire rental debt. This agreement should also stop you from being individually liable.
 
Don’t accept their final bill as accurate. Try to find items being charged that can’t be proven.
 
The landlord will have a hard time proving their claim on the estate can hold you individually liable. You may want to tell the landlord that (a) you did not sign the lease individually or in fact, and (b) that Maryland law does not hold you individually liable for the debt of an estate. Realistically, if they do sue you, you probably won’t need a forensic or handwriting expert. But do have a notarized signature card, and let the judge take notice of the differences between the alleged lease agreement and your proof of signature.