The children are not personally responsible for the bills, unless they co-signed them. However, the estate is responsible. Which means that the estate may be depleted and a lien placed on the house. The children may not inherit anything.
The estate of the deceased is responsible for resolving the debts left behind. This is the reason that an estate is a good idea, it provides a means to settle the debts.
If your mother died without any assets but died flat broke, you are not responsible for her bills. You do not have to pay her bills out of your own money. (You have to pay any expenses you arrange for after she dies. If you buy a funeral you have to make sure it is paid for.) However, if your mother left you money and you are the executor of her estate, you must pay her bills.
No, but if she left an estate they may or may not collect it from it. But not you
The estate is responsible for all the debts of the deceased in New Mexico. The spouse will only inherit what is left after the debts are resolved.
If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.
the estate of the deceased pays for the funeral. what is left after expences is what is inheireted.
In most cases there will be none. The estate was left to the brother.
If the deceased left an estate the medical bills along with all other debts will be handled according to the state probate laws. If the deceased left no assets that can be used to pay debts, the debts become null and void. Surviving family members are not responsible for medical bills unless they signed an agreement with the hospital, physician(s) or care facility. The one exception is if the deceased left a spouse and the married couple resided in a community property state. Although in several CP states such laws will not apply to the payment medical bills directly connected to the death of of a spouse.
While the estate has primary responsibility, in most cases the surviving spouse will be held responsible. They are assumed to have benefited from to goods and services.
I hardly think the quote "share and share alike" is stated in a Will drawn up by a lawyer. Since your brother predeceased your mother and providing no one else is listed as Heir in the Estate and there is just you, then you would get the whole Estate (*only if you are in the Will.) If there are outsiders that are also involved in the Estate originally left to your deceased brother which was forwarded onto your mother, then you would get that 1/8th share. Usually the lawyer will read out the Will to those involved (if this hasn't happened then please contact your mother's lawyer) and he will explain what is in the Will. There could be other provisions in this Will and some of your mother's Estate could go to other siblings, relatives or even a church, etc. People are under the misunderstanding that when a parent is deceased they will automatically get the whole of the Estate, but, in some cases, the deceased can leave the entire Estate to a church, cancer fund, ASPCA, and so on. A Will is the explicit instructions of the deceased as their final say to what is being done with the properties and monies they leave behind. Many families are split apart because they don't care for the choice the deceased has made and often feel they were unfair about it all. Basically, the deceased still has the last word, and thus, that's why there are Wills drawn up. Marcy
Your power of attorney was extinguished when your last parent died. Unless you were a co-signer on their debts, ordered goods or services for them or benefitted from the amounts due (utility bills if you lived with them, for example) their estates are responsible for their debts. If there is no estate the creditors are out of luck.
Once all of the deceased ills have been paid can the left over funds be distributed?