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Question
Decedent D died intestate leaving assets as follows: real property appraised at 1,000,000, subject to a mortgage of 1,100,000; cash in bank 500,000; jewelry 60,000. Heirs are three siblings A, B, and C. Debts against the estate include funeral expenses 40,000; administration expenses 70,000; taxes due 180,000; unsecured creditors Alpha Co. 400,000; Beta Co. 300,000. An interim administrator has been appointed and a petition for settlement of the estate is filed under Rule 88. (a) State the controlling Rule 88 rule and the general order of payment of debts of the estate. (b) Apply the facts: determine how the assets should be applied to satisfy claims, identify the amounts payable to each creditor, and indicate whether any residue remains for the heirs. (c) If the secured debt were to exceed the value of the security, explain how the deficiency is treated and its effect on unsecured creditors and the estate’s distribution.