As an heir, personal bankruptcy can be filed though.

My mothers estate is contexted.. As power of attorney over her the other side is asking for a judement against me to re pay the estatefor the money MOTHER spent.

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As for the bankruptcy issue - You can’t file for bankruptcy on behalf of the decedent or her estate. That’s because, your mother has passed away – she can’t file bankruptcy, and her estate won’t be regarded as an ‘individual’. As an heir, personal bankruptcy can be filed though.

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If you’re the executor of the estate, you’re required to maintain an account of all the spending from the estate. If the other survivors suspect fraudulent activity on your part, they can file a complaint against you in probate court. The court will review the accounts to determine the discrepancies and take necessary actions if any kind of discrepancy is found. Unless you misused the funds in any way, there’s nothing to be afraid of.

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Are you the executor or the personal representative of your mother’s estate? Or you were just the power of attorney for your mother? You won’t need to pay her creditors from your own funds.


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