confused at best

[marju.]

What is the name of your state?Michigan..In April 2005 my brother and I transfered my mother to Michigan. To my brothers home. In February she was told she had 6 months to live. She sold her home in Georgia..way below market value. She came away with $21,000. and a van that is 10 years old, her dog, and many many bills from doctors, hospitals and general living expenses. She has been living on her credit card. As I write, she is in a hospital dying..2 hours to two days. My brother has been paying off her debts and making payments to her credit card. Hospis is involved. No will, no money, only debt that keeps coming. He is at approx $6,000, needed at best for funeral. What must we do? Attache death cert to bills...file probate...how? Are my brother and myself responsibile for her debts?

 

[BlondiePB]

What is the name of your state?Michigan..In April 2005 my brother and I transfered my mother to Michigan. To my brothers home. In February she was told she had 6 months to live. She sold her home in Georgia..way below market value. She came away with $21,000. and a van that is 10 years old, her dog, and many many bills from doctors, hospitals and general living expenses. She has been living on her credit card. As I write, she is in a hospital dying..2 hours to two days. My brother has been paying off her debts and making payments to her credit card. Hospis is involved. No will, no money, only debt that keeps coming. He is at approx $6,000, needed at best for funeral. What must we do? Attache death cert to bills...file probate...how? Are my brother and myself responsibile for her debts?

I'm sorry about your mother and know how difficult things are for you right now. The first thing you need to do is make your mother's arrangements and pay for them. You may find this site very helpful, and they are very good at returning phone calls www.funeraldepot.com

Funeral expenses are first to be paid, followed by medical bills, and estate taxes. Do not pay any more of your mother's credit cards until you learn what needs to be paid with her remaining money. You and your brother are not responsible for your mother's bills unless you signed papers making yourselves the guarantors. You can find good how to do your own probate books at bookstores such as Barnes & Noble. You will need to also learn whether or not your mother will require to file a final tax return.

Due to the small size of her estate, she may not require a final return. However, she did sell her home in GA, so you need to look into this. Should she require to file a final return, someone must open a probate case and file to be executor of her estate. Most states have provisions for small and/or family administration where you will not require an attorney. If there is no money to pay her credit cards after the other things are paid, tell the credit card companies to bite rocks.

This is a good start for you. Make and pay for mom's final arrangements right away and spend whatever time she has left with her.