If my brother passed away but was in bankruptcy and he has named me as executor/sole beneficiary, what’s my responsibility for the debts listed in the bankruptcy?

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If my brother passed away but was in bankruptcy and he has named me as executor/sole beneficiary, what’s my responsibility for the debts listed in the bankruptcy?

Asked on December 29, 2015 under Estate Planning, Hawaii

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your brother.
As a beneficiary, you are not liable for your brother's debts.
As an executor, you will need to resolve the issues regarding the bankruptcy.  If your brother filed Chapter 7, which is straight liquidation, certain types of debts would be eliminated.
If your brother filed Chapter 13, that requires a plan (budget) for repayment of creditors.
The creditors would have claims against your brother's estate.
It would be advisable to speak with a bankruptcy attorney to determine which claims the creditors can pursue against the estate and the priority for payment of the claims to particular creditors.
 


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