If my mother dies, am I responsible for her debts? 11 Answers as of September 14, 2011

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
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
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
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
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
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
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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