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Q: I have been named as executor in my mother’s will. Am I responsible for paying her debts?

You are not responsible for paying your mother’s debts. They are her debts and not yours. There is a priority of how debts are to be paid out in estates as follows:

a) Funeral Expenses

b) Executor Expenses (including legal and accounting fees)

c) Canada Revenue Agency income taxes

d) Any amounts owing to child and spousal support payments

e) Any secured debts (mortgages or secured lines of credit); and

f) Any unsecured debts.. including credit cards, unsecured lines of credits, or other unsecured creditors.

Swiftsure Law now offers services in Estate Planning, and can help guide you through the role of the executor. *Any guidance provided is not covered by solicitor client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter please CONTACT US to arrange a consultation.

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