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voluntary administrator

My sister died intestate and my father will become voluntary adminstrator of her small estate(consisting only of a car). He will transfer the car to his name to pay for some of the funeral expenses incurred. There are 2 debt collection agencies sending letters asking for information.Do we wait until the appointment of the voluntary administration and request validation then?One agency is asking for a copy of the death certificate and status pf the estate. In accordance withe small estate law we will post a notice in the local newspaper and mail them a copy.

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Submitted Wed, 03/25/2009 - 10:43

As a general rule, your sister's creditors can only recover against her probate assets. Although her car would be a probate asset, the payment of funeral expenses is given a higher statutory priority than the payment of an unsecured creditor.

If I were you I would sell the car, pay-down the funeral blls, and tell all creditors who call that there are no probate assets from which to pay them. The collection agencies can be relentless (because they get paid based on collections), but they cannot collect if there are no assets.

Hope that helps

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