If my mother dies, am I responsible for her debts? 12 Answers as of July 09, 2013

I am 35 years old. If my 60 year old mother dies, am I responsible for her debt even if I am not a dependent and I am not living with her?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If something happens to a parent, the children are not responsible for the debts unless the children co-signed for them or there is another legal reason to hold the children liable. Your mother's estate will be responsible for paying the debts, so if there is money that is left to you, it would need to pay the bills first before you are entitled to receive any inheritance. You should speak with an attorney to explore options available for your specific situation.
Answer Applies to: New Hampshire
Replied: 9/14/2011
McCleary & Associates, PC
McCleary & Associates, PC | David M. McCleary
Short answer is no if you did not sign any documents /contracts to become responsible you are not responsible.
Answer Applies to: Michigan
Replied: 7/9/2013
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
In Florida, so long as you do not sign anything to be responsible for your parent's debts (like a resident's responsibility agreement at an Assisted Living Facility that makes you the responsible party), then you are not responsible for your parent's debts. You can be an agent under a durable power of attorney and sign for your parent, as their POA, but that does not make you personally liable for their debts, either.
Answer Applies to: Florida
Replied: 9/14/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, her estate is responsible for them. If she has nothing left in her estate, then the creditors will do without collecting them. Of course, ifyou become responsible for her debt by signing anything, then that's another story, so don't sign any papers saying you're responsible if her insurance or anything else goes wrong. Same with the funeral expenses, although they may not bury her without youagreeing to pay for it. Good luck.
Answer Applies to: New York
Replied: 9/14/2011
Selleck Legal, PLLC
Selleck Legal, PLLC | Stacey Selleck
If you did not co-sign or make yourself responsible then NO you are not responsible for her debt, however her estate may be responsible for her debt.
Answer Applies to: Michigan
Replied: 9/14/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    No, you are not dependent for anyone's else debt, including your mother's.
    Answer Applies to: Florida
    Replied: 9/14/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    No - you would only be responsible for any debts that you signed on for as a joint account holder or guarantor.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You would not be responsible for her debts unless you signed something guaranteeing them. Even if you are named as Executor in her will and he estate is insolvent, you would not be liable for the debts.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Law Offices of Brian Chew
    Law Offices of Brian Chew | Brian Chew
    When anyone passes, it is their estate that is responsible for their debts. If there are insufficient assets, the creditors will have to settle for less.
    Answer Applies to: California
    Replied: 9/14/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Not unless you are the PR and or personally guarantee her debts. Being a PR will make you personally responsible for some tax debts if they are not paid but not for normal debts.
    Answer Applies to: Florida
    Replied: 9/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You do not owe her debts. However, her debts will be paid out of her inheritance, if any, before you receive it.
    Answer Applies to: Georgia
    Replied: 9/14/2011
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