In Massachusetts, as well as many other state, the debt of the deceased person is owed by their estate, not by their heirs. What this means is, the money, assets and property, that your deceased husband owned prior to his death would need to go into his estate and be probated. When the estate is probated, the Executory must use money or selloff property to pay the debts of the deceased person, prior to making any disbursements to their heirs. This basically means that if a deceased person owes money, that money must be paid back before his property can be given to his heirs. So technically you do not owe the debt, but his estate and his money does still owe the debt even though he has passed away. Death is not a forgiveness of debt in a person's estate must pay those debts, and less the estate does not have the money to do so. In that case what the estate does have must be sold off in pay as many creditors as possible out of that money, this also means that the heirs will have no money as the debt of the deceased person is greater than the assets of their estate at the time of their death.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
#bankruptcy #lawyer #FallRiver #Chapter7 #chapter13 #debt #debtsettlement #foreclosure #attorney #cantpaybills #lawsuit #court #bankruptcycourt #eviction #lostmyjob
Answered on Aug 19th, 2014 at 8:50 AM