Abby hires a contractor to make repairs on her house.Before the repairs are finished,Abby dies.Her good friend Clay is appointed executor of Abby's estate.Clay orally promised that if the estate could not pay the repair bill,he would pay it even though he does not live in the house and has no entitlement under Abby's estate.If the contractor's bill does not get paid,who can the contractor collect from,if anyone?

Question

Quizplus · Accepted Answer

In this scenario, the contractor can only collect from the estate since the repairs were made on Abby's property and the contract was between Abby and the contractor. Clay's oral promise to pay the bill if the estate could not does not make him liable for the debt unless there was a written agreement or unless he benefited from the repairs. As the executor of the estate, Clay's duty is to pay the debts of the estate only to the extent that the estate has the funds to do so, and he cannot be personally liable for the debts of the estate.

Abby Hires a Contractor to Make Repairs on Her House