Questions about Deceased Parents & their debt

[elitefinders]

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

I have a friend who's mom passed in 08'. There is a malpractice suite being filed and my friend was named administrator of mom
s estate because the father wanted her to be. In PA. if there are any siblings, they have to renounce being administrator and agree that the sibling can be named administrator. This was done because the attorneys for the malpractice suite needed an adminstrator to get the medical records. There were insurance checks for the mother put into her estate account to pay for her funeral and other costs.

In a month the father passed and had credit card debt. The wife was not a joint card holder at all. The fathers accounts were exhuasted for his funeral and there isn't anything left. Both parents were on SS, and due to the deaths have since been discontinued.

My question is, what are the credit card co. able to do, if there are no funds to pay the balances?What is the name of your state (only U.S. law)?

 

[mmmagique]

They have no recourse if there is no money in the estate to pay the debts. Children, administrators, family, etc. are not liable. Period.

 

[elitefinders]

Deceased Parents

There is money in the deceased mom's account which are earmarked for paying off the remainder of her funeral cost and the husbands. Can the get this money?

 

[anteater]

There are two estates here and I doubt that you have full information on the administration of each of those estates. I doubt that you will get a definitive answer without all those details.

In addition, who was the malpractice suit field on behalf of? The Estate of Mom? Her survivors? Memory fails me right now, but I recall that there are PA statutes dealing with this.

Has your friend retained an attorney to represent him/her as administrator of Mom's estate? Not necessarily the attorney(s) retained to pursue the malpractice suit, but representing him/her as administrator of Mom's estate.

We could ask a lot of questions about the details. But, as a general answer, since Father survived Mom, any assets that would pass from Mom's estate to Father's estate would be available to pay Father's debts.

 

[Dandy Don]

Did the mother leave a last will and testament that names father as beneficiary of anything? Did the father leave a last will and testament? Is father's name listed as a party in the malpractice lawsuit? As mentioned previously, father may be eligible to be awarded some of the proceeds from the malpractice lawsuit and and administrator will be needed to open up probate for his estate, which the credit card companies will then be able to file a claim to get their debts paid off.

DANDY DON IN OKLAHOMA ([email protected])