• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Debts=last Illness Paid From Estate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mm666

Junior Member
What is the name of your state? Penna.

Hello,
I'm in Phila., PA. preparing my will and need to know the legalities [sic] of whether or not to include the standard:
"I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate." ???

Must this be included?
What are my options?

I really don't want to leave my debt to those I am leaving my assests to -

I [think I] know certain/some, etc. debt simply can't be collected unless I obligate my estate accordingly in writing? For example, if I leave behind credit card debt, or hospital bills, or even taxes??

What if any (each specifically please) of these can I prevent being taken from my estate and hence leaving less to my family.

Here's an example which sticks in my mind:

About 20 years ago, my sister received a settlement for personal injury - at the time of disbursement her lawyer asked if she had any debt? She told him she may have owed welfare money for assistance she received in the past. As a result, she winded paying almost 30,000 to the local welfare department. We later learned of many individuals with similar debt and similar settlements who paid nothing "back".

Now, PLEASE REALIZE I'm not giving this example to open a discussion of morals or ethics - if that were my intention, I would post elsewhere - I'm posting here because I have questions/concerns of LAW with regard to my Last Will. So please, help me to stay focused on the question at hand

Thank you all, in advance.What is the name of your state?
 


tranquility

Senior Member
After proper notice, creditors have a certain amount of time to make a claim against the estate. The estate must pay all known debts before distrubuting anything. If the executor does not do this he would be jointly and severally liable (different states may have different rules here) for the debts as well as the beneficiaries up to the property distributed.

The estate is already obligated for *all* of the deceased debts no matter how things are worded. Sometimes a person may put this clause into a will to have the payments made from the residuary of the estate rather than to let property with a specific lien transfer with the lien attached or to pay the debts from the residuary rather than from certain formerly revocable trusts.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top