Are adult children responsible for their parents' debts when the parents die? 12 Answers as of August 26, 2012

I'm specifically referring to a mortgage and property taxes.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
No, a child is not responsible for the debts of his/her parents unless they co-signed the debt.
Answer Applies to: Michigan
Replied: 8/26/2012
Victor Varga | Victor Varga
Not unless the children's names are also in the loan. However, note that the estate is now responsible for the debt.
Answer Applies to: Maryland
Replied: 8/26/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
The only people who are responsible for debts are those who signed the contract - deed of trust, credit card of medical bills.

If the house payments are not made the lender may foreclosure, but cannot sue the heirs. I hope this helps.
Answer Applies to: Arizona
Replied: 8/26/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
The mortgage and tax is secured by the real estate, so if it is not paid then the recourse of the bank is to foreclose on the property.
Answer Applies to: New York
Replied: 8/26/2012
T.K. Byrne | Timothy K. Byrne
Not in Mississippi.
Answer Applies to: Mississippi
Replied: 8/26/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    No, but their estate is responsible for their bills/debts. So any inheritance may be reduced or depleted.
    Answer Applies to: Michigan
    Replied: 8/26/2012
    Harris, Yug & Ohlinger
    Harris, Yug & Ohlinger | Roberta Ohlinger-Johnson
    Adult children don't automatically become responsible for their debts.

    But mortgages and property taxes have attached to the property, so if you want the property generally you're going to have to pay the debts for it.
    Answer Applies to: Nevada
    Replied: 8/26/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    No, but generally the deceased parents' creditors are entitled to be repaid before the children can inherit any assets.
    Answer Applies to: Utah
    Replied: 8/26/2012
    Stephens Gourley & Bywater | David A. Stephens
    Not personally.

    Although if they are going to keep the residence, they would still need to pay the mortgage and taxes.

    They would also have to account for the parents' assets and use them to pay the bills.
    Answer Applies to: Nevada
    Replied: 8/26/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    No adult children are not responsible.. HOWEVER if may be in your best interest to pay both if your parents had sufficient equity in the house For instance House Value $100,000 Mortgage 50,000Taxes due 5,000Equity in house $45,000 So if you sell the house and pay the mortgage you may net $45,000 less the realtor fee (About $6K and closing costs).. so you may net $35,000..
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Meadow Walker, LLP
    Meadow Walker, LLP | Eric Meadow
    Children are not responsible for their parents' debts unless they have agreed to assume or have co-signed for the obligation.
    Answer Applies to: California
    Replied: 8/26/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney