QUESTION
Am I responsible for the bills that belonged to my deceased mother?
Asked on Jan 13th, 2012 on Estate Planning - Texas
More details to this question:
My mother recently passed away and has no assets, trust or will. Are her children responsible for her bills (medical, ambulance, credit card)? I have only notified her creditors of her death and she has received bills from creditor that have turned it over to legal departments and probate departments. She also has a large nursing home bill and her medical was pending when she passed away so I dont know how to proceed with that. Also we have one joint account that I paid her bills through and there is nothing left in that account.
11 ANSWERS
You are not personally responsible for your Mother's debts unless you agreed to be responsible (joint account, join credit card, co-signer or personal guarantee). Also, if your Mother has any assets to inherit, her bills and other debts will need to be paid first before the assets can be distributed. This is a procedure that is monitored and must be filed with your local Probate Court.
Answered on Jan 27th, 2012 at 9:08 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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No, the children are not generally responsible for the debts of a deceased parent. If the child was a co-debtor, the child may have his or her own liability.
Answered on Jan 27th, 2012 at 9:01 PM
3 Awards
If you signed as a responsible person on her accounts then you could be. If you received assets from her you could be responsible up to the value of the assets that you recently received. If the answer to both of those questions is "no," the you cannot be held responsible. If you answered "yes" to either or both, you should seek legal counsel.
Answered on Jan 27th, 2012 at 2:40 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you were helping your mom with her finances, it is possible that your actions could make you liable. In general, though, you are not responsible for the debts of a parent.
Answered on Jan 27th, 2012 at 1:45 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Her children are not directly responsible for your mother's debts. To the extent that you received assets as a result of her passing, creditors might be able to force you to pay. Even though you have no direct liability, in some cases the creditors will try to convince you to pay; don't without consulting first with a probate lawyer.
Answered on Jan 27th, 2012 at 1:39 PM
Your mother's estate is responsible for paying her debts. If there are insufficient assets in her estate to pay all of her debts, unless the debt is joint such as a co-signed loan, you have no personal obligation to pay for your mother's debts. Some creditors and collection agencies will imply that you as a relative have a legal obligation to pay; however, this is a collection tactic and is simply untrue. Where the estate is insolvent, Wisconsin Statutes section 859.25 specifies the priority in which debts and expenses are to be applied: 1. Costs and expenses of administering the estate. 2. Reasonable funeral and burial expenses. 3. Provisions for the family under certain limited circumstances. 4. Reasonable and necessary expenses of the last sickness, including compensation of persons attending your mother. 5. All debts and taxes owed to the government. 6. Wages due to employees earned within 3 months before the date of death. 7. Property assigned to a surviving spouse. 8. All other claims. You should explain to your mother's creditors that there are no assets in her estate available to pay and supply any documentation requested by the State of Wisconsin with regard to her nursing home care expenses.
Answered on Jan 27th, 2012 at 1:29 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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As long as you didn't obligate yourself regarding the debts (for example, by signing an agreement with the nursing home to be responsible for payment), then you shouldn't be liable for the debts.
Answered on Jan 27th, 2012 at 11:31 AM
Gregory Thomas Taylor
In Kentucky, heirs are not personally responsible for their deceased parent's bills. Those debts can only be satisfied out of her estate and you should not take personal responsibility to pay anything out of your own pocket unless you have personally signed documents obligating you to pay. However, in the instance where you may be the only heir and there are just a few small debts that will certainly be satisfied by the assets you stand to inherit, it is not wrong to go ahead and pay those to prevent interest, fees, and penalties from accruing.
Answered on Jan 27th, 2012 at 11:24 AM
Glen Edward Ashman
As a general rule, children are not responsible, unless they signed or authorized the debts. It is very important that neither you nor the other children talk with the creditors or collectors on the phone at all. (Ifthey call, hang up). Send them one letter (certified return receipt), with a death certificate enclosed saying "I do not owe this debt. It is not mine and the debtor has died, leaving no assets or estate. I am aware of no probate. Pursuant to the Federal Fair Debt Collection Act and other laws, you are forbidden from ever calling or writing me again, and further attempts to contact me may result in litigation against you for the wrongful contact."
Answered on Jan 27th, 2012 at 10:40 AM
1 Award
No. You do not have to pay the bills.
Answered on Jan 27th, 2012 at 10:36 AM
2 Awards
No, the heirs are not responsible for the debts of the deceased UNLESS those debts were guaranteed or co-signed, or unless the heirs took assets from the deceased that could have been used to pay the debts.
Answered on Jan 27th, 2012 at 10:33 AM