Can I be held responsible for mothers debt

[qualified]

What is the name of your state? NYC
If my mother dies without a will and leaves debt for utilities, credit cards, and various other bills, if I go to Surrogate court and become her executor, can I be held responsible for her bills, even if I've been on my own for many years? She left no money behind just an insurance policy for $5,000 with me as beneficiary.

 

[seniorjudge]

What is the name of your state? NYC
If my mother dies without a will and leaves debt for utilities, credit cards, and various other bills, if I go to Surrogate court and become her executor, can I be held responsible for her bills, even if I've been on my own for many years? She left no money behind just an insurance policy for $5,000 with me as beneficiary.

If she has nothing in her estate, then why do you think you need to go to probate?

Don't talk to her creditors.

You are not liable.

 

[colourfastt]

If she has nothing in her estate, then why do you think you need to go to probate?

Don't talk to her creditors.

You are not liable.

Agreed ... unless you co-signed anything. In that case, you are liable.

 

[qualified]

She died without a will, with nothing in her bank account. I went to her bank (where she had one of her credit cards), with the death certificate in hand & asked to close her account. They told me I would have to go to Surogate's Court first, be named her Executor, pay a small fee before I could do that. But if I do wouldn't the credit card companies come after me to pay her debt ? She left a small insurance policy with me as beneficiary, $5,000, but I spent $12,000 for her funeral. There are no other children.

 

[anteater]

IF you open probate and are appointed as Personal Representative by the court, you take on certain fiduciary obligations as the PR of the estate as defined in the probate code. One of those obligations is to follow the priority of payments to various parties as defined in the code. If you fail to fulfill those obligations, then there is the possibility of personal liability.

However, simply being appointed as PR does not make you personally liable for any debts.

If the situation is as you describe (your mother has absolutely no assets), my personal opinion is that I would not even bother opening a probate estate or seeking appointment as the PR. I would send a death certificate along with a letter to the bank and any creditors. The letter would explain that your mother had no assets, that you do not intend to open a probate estate, that they are free to do so if they wish, and you will be quite willing to waive any rights that you may have to serve as PR.

You can probably find some estate attorneys who will give you a free initial consultation.