Adult Adoption Debt Responsibility

[KendraWilder]

What is the name of your state (only U.S. law)? MI

My question relates to who would have responsibility for my debts upon my death under these circumstances:

I'm currently nearly 59, and my Significant Other and I have already decided not to get married as we both receive Social Security (disability for me, retirement for him), plus he has other retirement income, and if we marry we would owe more taxes than staying unmarried, plus upon my death any medical expenses left unpaid due to my very serious medical condition would become his responsibility if we were married.

Over the years, however, his daughter and I have become extremely close, and I consider her the daughter I was never able to have, while she considers me the mother she would have wanted to have (her natural mother is dead).

Recently we've, the daughter and I, been discussing adoption, in that I would adopt her, an adult, as my legal daughter. This would be more than symbolic as we would have a legal ceremony in a court, followed by celebrations with various family and friends.

My problem reverts back to the legal responsibility for any of my unpaid medical and other debts upon my death. If this lovely young woman is legally my daughter upon my death, does she then become legally responsibility for any unpaid debts I leave behind? (She lives in Minnesota, I live in Michigan, but because of the differences in the adult adoption laws we would probably have to do the legal adoption in the state of Michigan where residency has been established by me, the petitioner.)

Thanks for any help with this!

[Debt Guy]

If this lovely young woman is legally my daughter upon my death, does she then become legally responsibility for any unpaid debts I leave behind

No.

Any debts you leave behind will be paid out of your estate before distribution to heirs. For that reason, it would be wise to consult with an attorney regarding a will and estate planning.

[KendraWilder]

Originally Posted by Debt Guy

If this lovely young woman is legally my daughter upon my death, does she then become legally responsibility for any unpaid debts I leave behind

No.

Any debts you leave behind will be paid out of your estate before distribution to heirs. For that reason, it would be wise to consult with an attorney regarding a will and estate planning.

Thank you kindly for your prompt response. I guess I should have been a bit more specific, though, in that I have no assets....zero. Medical expenses wiped me out literally until SSDI and Medicare kicked in.

But just the same, a living will and advanced directive have been on my mind a lot as the disease progresses, so perhaps your advice was the kick I needed to take care of life's business.

Thanks again!