Executor owed by deceased

by Gezelle
(Bend, OR USA)

I am the executor of my ex-husband's estate. Do I need to file a claim with the court in order to pay myself the money that is owed to me from my divorce settlement? If there are other claims already pending, can I choose to pay myself first?

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Jun 13, 2012
Executor owed by deceased
by: Debtcollectionanswers

Yes, you must file a claim. Then as executor, you must pay all legitimate claims in a specific order; in other words, you cannot give yourself preferential treatment by "jumping to the head of the line." The order depends on the law in your state. Giving yourself preferential treatment could land you in legal hot water. An executor must do everything by the books during the probate process, a process that is overseen by the court.

A clerk in the probate court where your ex-husband's will was filed or a probate attorney in your area can tell you which of his debts get paid first, second, etc. You should know however, that if your ex-husband owed a lot of money when he died relative to the value of his estate, it's possible that you and other creditors will not get paid depending on where you are in the to-get-paid order.





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