Would my mother's debt and lawsuit be charged on me if I probate her assets?

Question

My mother just died about a month ago and I was thinking about going to probate court for the money in her bank account, and for her paid-off car title. She had no other assets, and did not have a will. If I was assumed as head of estate, would her debt, go on my credit report? She had around $40,000 dollars worth of debt, and had a lawsuit against her.

Erven Nelson · Answer

No, her debt would not be transferred to you.  But her assets would be used to pay the debts, unless you object to them and the court rules in your favor.

Kathleen Delacy · Answer

Any assets she owned just in her name would need to be paid to creditors/debts.  Her debt however will not affect your credit.  If her assets do not total $30,000 you do not need to open an estate but to get the title to her car changed and the money in her bank account you would need to sign an affidavit that all debts have been paid.

Dara J. Goldsmith · Answer

No, her debt does not become yours, but you need to properly notice the creditors before you receive the assets through a court order.  This needs to be accomplished through a court proceeding called probate.  The creditors are a higher priority that you as a beneficiary, so they get paid before you inherit.  You should speak with an attorney who experienced in these affairs where you mother resided to address your next steps.

Richard Keyes · Answer

If you are appointed in Missouri as personal representative of your mother's estate, the actions you take as personal representative do not go on your credit report.  You should see an attorney about opening up a probate estate.  You may not need to open up a full probate estate.  If you paid the funeral bill and it is more than the value of the car and the bank account, you may be able to do a creditor's refusal.

Eric Smith · Answer

Depending on the form of probate you seek, your mothers creditor's could seek a claim against the estate, but as such it would only be collectible against her former assets, not against your from any other source. The car title can probably be transferred without formal probate from a form at the texas department of transportation - they have their own heir ship affidavit form. The bank may accept an affidavit of heir ship as well, instead of a formal probate administration.

Brian Haggerty · Answer

Her debts would not become your liabilities UNLESS you improperly carry out the duties of personal representative of her estate. Her debts would be charged against the assets of her estate  so, if the money in her bank account is insufficient to pay those debts, the probate might, overall, not be a good idea.

James Maguire · Answer

Her debt would not become your debt, and her debt would not have any effect   on your credit.

Thomas Edward Gates · Answer

No, any outstanding debts will need to be paid by the deceases estate.  If the estate does not have the resources to do so, the court can designate the estate insolvent.  You cannot take the money and car from the estate since the car value and bank account must be paid to the creditors.

John Brennan · Answer

You are not liable for the debt, her estate is to the extent it can pay it.  See an attorney before you get in trouble but here debts do not obligate you is the estate is administered properly.

Douglas Tull · Answer

No, but her debt could be a claim against her estate - in Michigan, creditor claims are next to the last for payment - but come before distributions to beneficiaries.  There are expenses and certain allowances which take priority - including estate administrative expenses, funeral and burial expenses, allowances for minors and surviving spouses (among others), and income tax and related federal and state tax claims.  You should consult with an attorney to see where your situation fits within these rules.

Rick Lee Denker · Answer

No.  Creditor Claims against the decedent are not charged to the Personal Representative of the estate and will not affect your credit rating.

Mark T. Peters · Answer

The lawsuit should end on her death.  The other debt is not chargeable to you, just to her estate.  In Idaho, her children have the right to the first $10,000 of her personal property.  Any more than that and the excess should be used to pay her bills.

Jayne Sebby · Answer

The executor of an estate does not assume the debts of the estate personally.  His/her primary job is to close the estate by collecting all funds and property (assets) owned by or to the deceased; paying the decedent's debts, expenses, and taxes from the assets of the estate (or as many as can be paid if funds are limited); and then distributing the remaining assets, if there are any, to the heirs.  Your credit record should not be impacted if you serve as executor of your mother's estate.

Christine James · Answer

Your mothers debt is a debt of her estate only.  It will not become your personal debt.  That said, her assets should be used to pay her debt.

James Frederick · Answer

No. The debt belongs to the estate, not you. The assets of the estate, less administrative expenses, could be available to creditors, however. There are exceptions so this is an area where an attorney can really help.

Norman Reitz · Answer

No attribution of your mothers debt to you personally.

Randy Lish · Answer

No.  Only the assets in her estate would be liable to her creditors.  They would be paid before you get your share, but if the estate is not large enough to cover the debts, you cannot be charged with the debts.

Darin Christensen · Answer

The debt would have to be satisfied to the extent of the probate assets, but you would not personally be liable for the debt and it should not show up on your credit report.

James Oberholtzer · Answer

If you take on her probate, you will be working to gather her assets together and pay her creditors.  You might be able to be paid for your time; but, it will be a lot of work for not much.  You can try to negotiate with the creditors and see if they will agree up front to you getting paid for doing the work.

Pamela Hancock · Answer

As administrator of her estate, you would not incur her debts personally. You likely however, under the facts you presented, not be able to gain access personally to her vehicle or money. These would be used to pay her creditors. An estate attorney would be able to assist you further in analizing the situation.

Norman Green · Answer

Her assets are liable for her debt, so if you get them, you are liable for her debt to the extent of the assets you get from her estate.

Monica H. Donaldson Stewart · Answer

You would not become personally responsible for her debts; however, her assets would have to be used to pay/settle her debts before anything could be distributed to the heirs.

Bernard H. Greenberg · Answer

Debts of your Mother will not go against your credit unless you assumed liability of the debt. However, your Mothers creditors can file claims against her estate and seek to recover their owed amounts from the estate property.  For further information, consider consulting with an attorney specializing in estate administration.

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Would my mother's debt and lawsuit be charged on me if I probate her assets?

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