Will I be responsible for his debts when he passes away? 6 Answers as of May 17, 2011

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?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Neither. Based on your representations, your Uncle fulfilled his obligations as personal representative for your Mother when he transferred the assets into your name. A personal representative is not personally liable for the debts of the person they represent (unless the personal representative has overstepped their authority), nor are the personal obligations of the personal representative the responsibility of their wards. Your Uncle's credit card debt (unless your Mother's name was on the debt) will be the responsibility of your Uncle's Estate to resolve.
Answer Applies to: New Hampshire
Replied: 5/17/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
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?
Answer Applies to: California
Replied: 5/16/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | 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.
Answer Applies to: New York
Replied: 5/16/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
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.
Answer Applies to: California
Replied: 5/16/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Just being the personal representative does not make the property subject to his debts. If he is the only person who is responsible for the debts as the only one who created or signed to incur the debt, then his estate, to the extent it exists, would be responsible for the debts. If he has any assets at his death, the debts would have to be paid before his heirs receive anything, but they would not be personally liable for the debts if all assets are taken to pay, or if there are not enough assets to pay his debts.
Answer Applies to: California
Replied: 5/13/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    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
    Answer Applies to: Florida
    Replied: 5/13/2011
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