QUESTION
Are children responsible for parents debts after death?
Asked on Sep 14th, 2011 on Bankruptcy - Connecticut
More details to this question:
Are children responsible for their parents debts following death? If children think everything is all cleared and all pertinent bills payed and everyone informed of deaths and 6 months later another bill arrives are children responsible?
5 ANSWERS
Spencer Hale
Maybe. It depends on what type of creditor it is (secured vs. Unsecured) and what claim the creditor may have had on the estate.
Answered on Jun 23rd, 2013 at 11:55 PM
Only to the extent of the estate or if they are on the contract. When someone dies their estate is to pay the debts. If the person who died had no assets and had debts, the debts can not be collected from the children unless they are also obligated on the debt itself.
Answered on Sep 16th, 2011 at 2:20 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Generally the answer is no, but if assets were distributed without a probate estate, then they can be responsible if there would have been assets available to pay a creditor.
Answered on Sep 16th, 2011 at 12:54 PM
Glen Edward Ashman
Although your question is unclear in its wording, I believe you are asking what happens if an executor improperly distributes assets to heirs before all creditors are paid. That is a major problem. The executor may get sued personally, and so could the heirs. An attorney is needed - IMMEDIATELY - to determine if creditors were properly notified and if the executor violated his fiduciary duties. Presumably the executor did not make the mistake of a pro se probate, so he/she should start by calling the estate attorney.
Answered on Sep 16th, 2011 at 11:29 AM
Children may have to pay parents debts out of the proceeds of a parent's estate, but they do not have to pay out of their own pockets, generally. However, spouse may be jointly liable. Thanks for tuning in.
Answered on Sep 16th, 2011 at 11:18 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals