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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36398
Experience:  30 years in Employment law
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My mom passed away last month and I'm trying to withdraw money

Customer Question

My mom passed away last month and I'm trying to withdraw money from my retirement plan to payoff her remaining bills and do the right thing, which I promised my mom I would do. At 91 years old with Parkinson's and continuing loss of memory my mom still thought she had 1000's of dollars. She lost it all in the crash of 2008, but we didn't have the heart to tell her. So I continued to pay the difference for her care that her retirement $ didn't cover. I've submitted a hardship retirement with drawl for:
Funeral costs
Credit cards
Auto repairs
Last months rent
IRS payments
The retirement committee contacted me and said they would like to give me the $, but I'm not legally responsible to pay my moms debts. I explained I was the POA for my mom and signed all the documentation for the funeral, retirement home, auto repairs, IRS, and promised my mom I would always take care of her debts. Is there anything I can take to the committee regarding my responsibility or just doing the right thing?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. If you did not personally guarantee these debts but rather acted as POA you have no personal liability to pay these. I would recommend that you not do so and save your money.Legally all you have to do here is write the creditors, tell them she died insolvent and no probate or assets remain to pay the debt.Ask them to close the account. The committee is really doing you a favor.You have no obligation to pay here and you would be better off keeping your money for retirement.I know you promised mom but the circumstances changed and she has no funds here left to pay them.This is not your legal obligation personally and you need only write them to explain the situation.That should end this and allow you to move forward.You can write "deceased return to sender" on any mail addressed to her after you have written them.Thats all you need do here. I wish you the best and am sorry for your loss here.

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