Small Estate Affidavit Questions
Location: Kansas
TLDR: Mom died testate with no assets. Using a Small Estate Affidavit on an insolvent estate and concerned about unpaid debt. Need to transfer title from car so I can sell it to reimburse myself for the funeral. NEED ADVICE PLEASE.
My Mom died with a will recently and basically has no assets except her paid off car and a $5k balance in the bank. She had been living with my sister so no home as it was sold 2 years ago. The proceeds of the sale paid off a reverse mortgage and the remainder was put into a brokerage account buying government bonds.
The brokerage account has defined beneficiaries and as I understand it therefore is not part of the estate. Since her car and the small bank balance are the only assets, her estate will be settled with a Small Estate Affidavit as the estate is less than $75k.
As I understand it, I sign the Affidavit and take the death certificate and the will to the DMV and I can transfer title and then sell the car to pay the funeral.
The funeral has been paid with my personal funds so that makes me a creditor and should be first in line as a Class 1, creditor. The funeral was more than the car is worth, so between the car and the bank balance there will only be about $3,500 cash left over. She has no debts except the final medical bills from the week in the hospital before her death. Basically some copayments etc.
Her insurance has a $4,100 Max Out of Pocket (MOOP) so we figured we would pay the $3,500 cash for whatever medical bills come first.
Here is my dilemma. On the Small Estate Affidavit it says that I have or will pay all of the debts.
Since the estate will be insolvent by just reimbursing the funeral expenses and paying a few medical bills, will I be liable for any remaining debts? Can I sell the car and reimburse myself first? Will I be liable for the remaining MOOP? Can creditors open probate and try to get their money?
Does my understanding of this situation sound correct or are there other factors that I haven’t thought about?
I just want to get this over with and be done with it.