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Court asks estate to pay decedent’s debts
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Posted on Feb 04 2000
Can a dead person’s estate be held liable for unpaid merchandise and loans extended to her before her death?
A recent ruling issued by Superior Court Associate Judge John A. Manglona proves that it can be done when he ordered the administrator of the estate of Fidelia Rangamar Merur to pay Bali Fashion $1,821.
During the hearing, Bali Fashions presented a ledger showing the decedent’s charges and cash advances. The items charged to the decedent’s account were not disputed by the administrator, but he claimed the charge account was established to off-set the $500 fee that Bali Fashions owner Mustafa Shakir owed the decedent under the agency agreement.
At the same time, Judge Manglona ruled that Mr. Shakir cannot be paid for the commission which he demanded for acting as a broker in a land lease he allegedly arranged for the decedent because the parties failed to agree on the exact amount of the compensation.
Mr. Shakir said the decedent had agreed to pay him a 10 percent commission if the lease was less than $100,000.
Furthermore, Judge Manglona emphasized that Mr. Shakir breached his fiduciary duty to the decedent when he helped prepared the lease agreement based on the lessee’s request.
In fact, Mr. Shakir admitted when he testified that he believes he has no responsibility to inform the decedent that the lessee had asked him to prepare the agreement.
