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NO WILL,NO POWER OF ATTORNY

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D

daxton

Guest
MY MOTHER HAS JUST PASSED A COUPLE DAYS AGO. SHE HAS NO WILL, NO POWER OF ATTORNEY. SHE HAD A LIFE INSURANCE POLICY OF 2500 WHICH PAYS FOR HER CREAMATION, AND THE EXUMATION OF MY GRANDPAS CASKET SO HER ASHES WILL BE PLACED INSIDE. SHE HAS SOME CREDIT CARD DEBT, ALONG WITH FOUR MONTHS OF MEDICAL DEPT FROM HOME HOSPICE. SHE DID NOT OWN A HOME, A CAR, HAD NO MONEY IN THE BANK,NO TRUSTS, NO ASSETS BASICALLY. MY QUESTION IS DOES HER DEBT NOW GET CANCELLED BECAUSE THERE IS NOONE ELSE TO GO AFTER? HER PERSONAL ITEMS WOULDN'T BEGIN TO COVER HER DEBT, SO CAN THE CREDITORS MAKE US HAVE AN ESTATE AUCTION ANYWAY? AND IF THEY DO ARE WE BREAKING THE LAW BY TAKING FAMILY MOMENTOS OUT OF TH HOUSE BEFORE HAND? I APPRECIATE YOU TAKING THE TIME TO ANSWER THESE QUESTIONS - INDIANA
 


ALawyer

Senior Member
My condolences on your loss.

If she has no assets there is nothing to sell or left to pay creditors. You can take whatever property there remains (sentimental value only, I assume) out of the house but document everything with photos in case the creditors come looking. On the other hand if they have value then they should be sold and used to pay her debts.
 

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