Debt Responsibility

Certainly! One of the primary responsibilities of the executor is to maintain the value of the property. They also must inventory and properly sell or bequeath the items in it. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

The executor should be involved. As the estate they have to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

Yes, she can file a lien. If she has a viable claim, she has the right to do so.

You should be Power of Attorney for this elderly person. This gives you the right to pay bills at the nursing home, any care for the elderly person, etc. If you have the power to do so, then take into consideration the request of the elderly person in their Will what type of funeral they wish. Funerals can cost up to $18 - $20,000 easily if one allows a Funeral Director to talk them into a very expensive casket with all the extras. A moderate funeral would be suitable. Some people prefer cremation and a Memorial Service is set up. It would be wise to seek advice from the banking institution where the accounts are and ask their opinion. You could put say $12,000 into an interest bearing account.

5 yeara

They can place a lien against your assets. Or they can garnish your paycheck, they are going to get their money back.

Yes, it could. The property would be considered a part of his estate. A lien could be put against it.

The legal definition of an "estate" is , "The degree, quality and extent of a person's ownership of real and/or personal property from absolute (confirmed) ownership to "naked" (unconfirmed ownership). That includes, land and anything attached to it (houses, businesses, other structures), vehicles, farm equipment, machinery, tools of the trade, stocks, bonds, bank accounts, and so on and so forth. The probate laws of the state where the person was a resident at time of death determines what property is subject to probate procedure and the extent to which creditors can place a claim for repayment of debt on any non exempt property.

There is no such thing as an adult child.

My husband has termial cancer and I was wondering when he passes will I be responible for any credit card debts he has and any of his medical bills? We live in the state of Ohio.

None of the above is responsible. The estate has to pay off the debts, including the funeral costs. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

These would be valid claims against the estate. It should be a debt that the estate pays. No they are not personally responsible for the debt. One of the primary reasons to open an estate is to resolve such debts. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.

No. Your mothers estate would be however There is no estate. She did not own a home or property.

It is not exactly clear as to the meaning of "Who do you notify ...?" however, the age of the deceased is not relevant. If the person was under the care of a physician, in nursing or medical facility, then it is the responsibility of that facility to notify authorities. If the person dies in their home then the police should be called and they will assist in having the body transported whether it is to a funeral home or the medical examiner's office. If the question pertains to creditors, the spouse of family member can notify the creditors of the person's demise, written correspondence with supporting evidence of death is preferred. Creditors have probate estate departments which handled such issues. The deceased assets and debts will be paid and distributed in accordance with the will and the state probate laws and will be handled by the executor or executrix named. If the person died intestate, the judge will appoint an excecutor or executrix and the state probate succession laws will apply.

It is likely that they can. If you signed the paperwork, I'll bet it included responsibility for the costs and debts.

That is well beyond the statute of limitations on debt. However, thare are other factors involved. Any contact that indicated "We'll take care of it" or "Yes, we know" can be construed as starting the time period over again. Typically the estate should have resolved the debts, including the medical bills of the deceased. If a child has co-signed any paperwork regarding medical procedures, they may be held liable.

No, the term fiancee does not have a legal connotation on a deed or in a will. If they are the wife they will have specific rights. But the use of fiancee can be part of the identifier of an individual to make sure they have the correct person. It does serve as notification to check for possible dower rights of the wife. They may have to sign off on any transfer and it does not confer tenants in common on the property.

In Florida the estate of the deceased is going to be responsible for the debts. Indirectly, the spouse is going to pay the debts, either by a smaller inheritance or as a beneficiary of the goods and services purchased by the spouse.

Sounds like you need to have a talk with the wife and find out what needs to be done. If he is a vet he may have funeral rights too.

It is entirely possible that they can place a lien on the house. The hospital is entitled to place a claim against the estate and its assets. If the house is an asset, they can attach a lien to it to get their money.

The assumption is that the husband inherits the wife's assets. But the estate has to liquidate all assets before they can transfer them to him. typically and medical insurance that existed is in the husband's name and he is the gauranteer of the medical bills. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.

You contact your county Aging/Soc Serives agency and report your sister to the elder abuse unit. Then you petition the court to be appointed your mother's guardian. The appointment of a guardian will extinguish the POA. You should consult with an attorney who can review your situation and explain your options.

You should also obtain advice about having your sister prosecuted for theft of your mother's assets. An attorney-in-fact under a POA is subject to state laws that govern fiduciaries. The courts do not treat lightly the theft of an elderly persons property by a trusted fiduciary. If confronted with the possibility of criminal prosecution she may agree to pay back all the assets she converted to her own use.

Do this ASAP.

In Ohio, if the debt was owned jointly, then yes, you are responsible. If if wasn't, they cannot make you liable for another's debt. This is in Ohio. Credit reports are held in both owners name, if they are co-owners or own the debt jointly, such as a home mortgage. If the credit card is owned by spouse1 and spouse2 does not have permission to use it, then spouse1 is the only responsible person for that debt. Spouse2 cannot be held responsible - in all financial transactions in the state of Ohio, even if the debt has incurred from some other country or state. Wherever you reside determines the law for the consumer. Check your state for that.