• 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.

Left over debts after a death

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

charob

Junior Member
What is the name of your state? Oregon

My mother is almost 80 years old and incurring debts that she currently cannot pay. Upon her death, if she still has these debts, are her children responsible for paying them off? And if so, is there any legal way to remove ourselves from this responsbility before her death occurs?
 


S

seniorjudge

Guest
charob said:
What is the name of your state? Oregon

My mother is almost 80 years old and incurring debts that she currently cannot pay. Upon her death, if she still has these debts, are her children responsible for paying them off? And if so, is there any legal way to remove ourselves from this responsbility before her death occurs?
Q: Upon her death, if she still has these debts, are her children responsible for paying them off?

A: No.


Q: And if so, is there any legal way to remove ourselves from this responsbility before her death occurs?

A: Never agree (orally or in writing) to be responsible for any of her debts.
 

charob

Junior Member
How will these debts be paid if her children are not responsibile for them?

How about the beneficiaries? Are they responsible?
 
S

seniorjudge

Guest
Q: How will these debts be paid if her children are not responsibile for them?

A: If she has any assets, the bills may be paid out of those assets.


Q: How about the beneficiaries? Are they responsible?

A: No; the bills must be paid first before the beneficiaries get anything out of a probate estate.
 

charob

Junior Member
What happens if there are more bills than money from her estate to pay them? Thank you for your responses by the way :)
 
S

seniorjudge

Guest
charob said:
What happens if there are more bills than money from her estate to pay them? Thank you for your responses by the way :)
Q: How about the beneficiaries? Are they responsible?

A: No; the bills must be paid first before the beneficiaries get anything out of a probate estate.
 

charob

Junior Member
seniorjudge said:
Q: How about the beneficiaries? Are they responsible?

A: No; the bills must be paid first before the beneficiaries get anything out of a probate estate.
What happens if there are more bills than money in the estate?
 

divgradcurl

Senior Member
charob said:
What happens if there are more bills than money in the estate?
Seniorjudge answered your question -- the bills get paid first. If there isn't enough in the estate to pay the bills off, then the estate pays what it can, and that's it. The beneficiaries will get nothing from the estate, but they won't be liable for the outstanding debts either.
 

PMartinJ

Junior Member
Similiar Situation, Bad Legal Advice?

charob said:
What is the name of your state? Oregon

My mother is almost 80 years old and incurring debts that she currently cannot pay. Upon her death, if she still has these debts, are her children responsible for paying them off? And if so, is there any legal way to remove ourselves from this responsbility before her death occurs?
My mother recently died in Oregon, leaving a negative net worth and no will.

Neither my brother nor I have ever cosigned or applied in any way for any of this debt that she incurred.

An attorney in Oregon has advised my brother - the only other heir - that he needs some legal serices (costing $500-$1,000) to protect him from my mother's creditors. This advice (from the Oregon attorney) sounds fishy to me, based on the reponses here - which I belive to be correct - and what else I've been able to glean from the Web thus far.
 
Last edited:

BlondiePB

Senior Member
PMartinJ said:
My mother recently died in Oregon, leaving a negative net worth and no will.

Neither my brother nor I have ever cosigned or applied in any way for any of this debt that she incurred.

An attorney in Oregon has advised my brother - the only other heir - that he needs some legal serices (costing $500-$1,000) to protect him from my mother's creditors.

This advise sounds fishy to me, based on the reponses here and what else I've been able to glean from the Web thus far.
Sorry, the advise given to charob was NOT fishy. It is correct.
 

PMartinJ

Junior Member
Clarification

BlondiePB said:
Sorry, the advise given to charob was NOT fishy. It is correct.
No, I didn't mean to imply that the advice provided HERE was fishy.

I think that the Oregon attorney who is advising that heirs may be liable for a deceased relative's debts is wrong ("fishy").
 

divgradcurl

Senior Member
PMartinJ said:
No, I didn't mean to imply that the advice provided HERE was fishy.

I think that the Oregon attorney who is advising that heirs may be liable for a deceased relative's debts is wrong ("fishy").
It may be, but please start your own thread so we can answer your questions without having to figure out whom is replying to whom.
 

PMartinJ

Junior Member
divgradcurl said:
It may be, but please start your own thread so we can answer your questions without having to figure out whom is replying to whom.
Your point is well-taken, but since my mother had died in Oregon with debt, and Charob's mother was elderly and incurring debt in Oregon, I thought that my situation was related to such a degree that it would be suitable for posting here.

Additionally, I have started a new (but similiar) thread.

Thanks for your suggestion.
 

Find the Right Lawyer for Your Legal Issue!

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