Who get the bill?

[meop]

What is the name of your state? California.

My mother is ederly and failing in health. Over a year ago she filed for bankruptcy. She has no assets. Lives from Soc. Sec. Check to Soc. Sec. check. My siblings want her to construct a will to somehow protect past or current creditors from coming after us financially. Will a will even help? Let's say she had a will with what little she has parceled out. We would still need to sell off her belongings to pay for any unpaid bills? Wouldn't we?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California.

My mother is ederly and failing in health. Over a year ago she filed for bankruptcy. She has no assets. Lives from Soc. Sec. Check to Soc. Sec. check. My siblings want her to construct a will to somehow protect past or current creditors from coming after us financially. Will a will even help? Let's say she had a will with what little she has parceled out. We would still need to sell off her belongings to pay for any unpaid bills? Wouldn't we?

My response:

First of all, I don't know where you got the idea that anyone but your mother's Estate would be responsible for her debts. The fact is, her debts are not your debts, and therefore, neither you nor your siblings are liable or responsible in any way, shape or form. PERIOD.

However, if she has any assets, those assets must go to pay off her creditors - - in other words, the children cannot ransack Mom's Estate. If you, or your siblings do, it will come back to haunt you in terms of responsibility for her debts.

This is why you'll need to have her Will admitted into Probate. That way, you'll receive court orders that will protect you, and guide you concerning her final debts - - which, again, are the responsibility of her Estate.

IAAL