The Ethicist on Debts of a Decedent

One of my favorite parts of the New York Times magazine is Randy Cohen's column entitled "The Ethicist."  This week Mr. Cohen tackles a question about a decedent's debts (registration may be required).  As Mr. Cohen puts it, "The law requires your late sister’s estate to meet her business obligations; ethics urges you as an individual to respond to her personal obligations." His full answer is very interesting, and well worth reading.

Comments

[Josh Ard]

Mr. Cohen simply refered to the "estate" and being responsible for bills. That is obviously a bit oversimplified. Creditor claims don't have first priority. Various state laws disagree as to how far beyond the core probate estate creditors can go to seek payments of claims. For example, many states make insurance proceeds immune. The decedent may well have left sufficient property to satisfy the claims, but the creditors may not have the legal right to get satisfied from it.