QUESTION
Will I be responsible for his debts when he passes away?
Asked on May 12th, 2011 on Estate Planning - Florida
More details to this question:
My mother died and left me her home with a mortgage I am paying.The house is in my name but the loan is in my moms name. My Uncle is the personal representative for my mother whom has passed. The house is in my name. My question is when my uncle passes he is now 81 and has big credit card bills will his debts go against the mortgage that I pay? Or will his grown children be responsible?
4 ANSWERS
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Generally the debts of the decedent are charged against his estate. If you inherited the house, the mortgage liens remain and you must pay the mortgage or refinance in your name. Is your mother's estate still open, if so why?
Answered on May 16th, 2011 at 11:23 AM
Theodore W. Robinson
Because the house is in your name, that's a good thing. However, the mortgage is recorded as a debt against the house and that must be paid by you since you own the house. As for your Uncle, you are not responsible for his debts. His children are if anyone, but even they may not be responsible if there is no value to his estate left by the time he dies. Speak to an Estate lawyer soon. Good luck.
Answered on May 16th, 2011 at 11:14 AM
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No one is responsible for anyone else debts when someone dies. However any assets in which the person who died own is subject to claims by any creditors to the estate. The fact that someone is charge of an asset (ie an executor of an estate) does not make them the owner of the assets of the estate and thus not subject to the executor's creditors.
Answered on May 16th, 2011 at 8:50 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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In Florida, only the owners of the account are responsible. If you uncle dies with credit card debt, generally his heirs will not be responsible unless they co-signed on the account
Answered on May 13th, 2011 at 2:35 PM