Who’s paying the estate bills?

By Beth Newcomb

As the executor of an estate, you’re legally bound to follow the letter of the law. That means you have to determine which bills to pay, and which bills not to pay. If you don’t know the guidelines, you could be held personally liable for certain expenses, says Jay Nabors, who, along with his wife, Linda, is an attorney with Nabors and Nabors, the Strongsville-based law firm where John J. Urban is of counsel.

“Bills and claims against the estate the first six months after a person’s death have to be paid, but after that time, the executor could be held liable for making payments he or she shouldn’t have made,” Jay says.

Jay uses a relative who presents a bill for funeral expenses for the deceased after the six-month window. If the executor pays the bill, and someone in the family raises an objection, the executor may have to reimburse the estate out of his or her own pocket.

Obvious exceptions to the six-month rule would be a mortgage or utility bills, Jay says. But to be sure you’re following probate court guidelines, it’s best to seek legal counsel immediately following a loved one’s death.

If there is a current will, it doesn’t matter who drew it up, any attorney can serve as counsel. Jay and Linda can help you determine which bills should or should not be paid, along with other details like how to properly pay a surviving spouse and how to prioritize the bills that need to be paid. Jay also says the executor named in the will is the person who should enlist the help of legal counsel.

Nabors & Nabors offers Mimi readers a free legal services consultation in person or on the phone, with services at a contracted discount rate. Mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach the attorneys at Nabors & Nabors Ltd., with John J. Urban of counsel, call 440-846-0000, ext. 227. The offices are located at 11221 Pearl Road, in Strongsville. Visit the website at Nabors-Law.com.