Many people worry that they will have to pay their parents’ credit cards or other debts out of their own pockets after their parents’ death. In general, this is typically NOT the case.
Debts and Heirs' Liability
Heirs are generally not liable for another person's debts. There are several exceptions to this broad statement. If you have agreed to be liable on the debt as a co-debtor or co-signer, then you would, in that case, likely be responsible for any unpaid balance on that debt. Additionally, if the debt is secured by collateral, such as a mortgage on a home, that debt remains attached to the home and generally must be paid off at the time of any sale or transfer of the home. This is no different than when you sell your own home and still owe a balance on your mortgage or home equity loan.
How Creditors Get Paid - And How to Keep More Money For You!
Creditors are likely entitled to be paid all or part of their claim (assuming the creditor has properly presented its claim within certain time limits) if there is sufficient money or property in the probate or trust estate. However, there are sometimes options available to avoid paying all or part of creditors’ claims. Additionally, there are several items that, by law, must or should be paid before any creditors get paid. Some of these items allow money to go into the pockets of heirs even in the event that the total amount in the estate is less than the total amount of all debts that must be paid.
There are a couple warnings due here: First, someone handling an estate can inadvertently extend the time limit for creditors to present their claims without realizing it. Second, any payments of debts, even partial payments or settlements, should not be paid without analyzing the order of priority of all the claims in the decedent’s name. Also, debts that have not been properly presented may not have to be paid. Don’t know what the order of priority is? Don’t know how to determine if a claim has been property presented? Then be sure to call an attorney before taking any action!
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.