Mirror of Justice - All about Law and More
*Home>>>Estates Law

When someone dies do you have to assume their debt???


My mother in law is in ill heath and she has an extreme amount of credit card debt, do we have to pay this off when she dies??? My husband is the executor of the estate and we are concerned. She does not have much else that we could even sell, her house she owes over 120,000 and we do not believe we can even get that if we sell it so that is more debt, can anyone help me understand how this works

You need to get an Estate Lawyer to handle her financial affairs. Here's what happened with my brother...the house was sold, even though it wasn't paid for, but what little that came back from that house paid for some of his debts. He was in debt big time. Mom and dad got an Estate Lawyer to make sure they wouldn't be having to sell their house or paying for any debts themselves.

Edit: Also, when people die, there are scam artists that find out about it and use their SSN to do whatever all scam artists do. That SSN will be null and void for about six months or longer, until it's assigned to a child, but the day or week after they die, scam artists will pick it up. An Estate Lawyer comes in handy there as well.

The estate must pay the debt some how some way. the executor is the one in charge of seeing it done.

if she sells the house before she dies then there isn't anything to go back on for collections

The executor doesn't have to go into his own pocket for someone elses debts

In this case, it might be best to have a court appointed executor handle the estate. You can ask a judge to do this. None of the debt is yours, but the bills have to be paid before any inheretance gets paid out.

Unless you are co-signers for something or anything like that relating to the debt, then you owe nothing to the debt holders.

You are not personally liable for her debts. Her assets will be sold and paid to her creditors. If she still owes them money, they have to eat the loss.

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Can the personal representative request an estate to be closed three weeks ahead of the time for it to close?

    You can request anything you want, and you could, what is the harm, the most that they can say is no, so request and you will get your answer.

    ...
  • Recent death and car question---probate?

    What is the car worth? probably not much. In any case to play it safe and to determine the debts you may want to wait until the probate period is over to give it to the one sibling. If there a...

  • Tenancy Agreements..?

    The estate agent is acting on behalf of the Lanlord and he will sign the contract.

    ...
  • Need legal advice - Mom's estate?

    make the baby the issue and tell him you will buy him out and give him cash or he can buy you out of just move out and force a sale, it's not good to be in such an environment with a newborn. ...

  • When should an appraisal be done when settling an estate?

    For Federal Estate tax purposes the estate can elect to have properties valued at the date of death or one year from the dtate of death. NY which has its own estate taxes may also follow that rule...

  • How can a deceased friends estate be confidential?

    Eventually the will has to be filed with the probate court, made a public record, and the distribution and final settlement recorded as well. If you really think you have money coming, hire a pr...

  • Ohio Inventory of Estate and waiver denied.?

    Generally, the request for a waiver is granted or denied by the person being asked to sign the waiver. If you sign the waiver, you are right, they would not have to respond to you again. If you d...

  • Estate legal question--Trust & Wills? ?

    A Revocable Trust that has NOT been revoked should still stand. All his other assets should be covered by his latest will. At no point would he be considered intestate, even though he may have ...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster