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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100053
Experience:  Fully licensed attorney in Texas in private practice.
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My father passed away last month, Im his daughter and only

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My father passed away last month, I'm his daughter and only heir. There was no will. Who is responsible for any debt that is left if there is not enough money in the estate to pay for it? Can my credit be hurt from his liabilities?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss.

Who is responsible for any debt that is left if there is not enough money in the estate to pay for it?

No one is. If there is not enough money left in the estate to pay off the debt, then quite simply, the creditor is out of luck. They cannot go after the family.

Can my credit be hurt from his liabilities?

The answer is no. Family members are not liable for the deceased's debts and cannot be attacked for them, or, have their credit attacked for it.

In summary, you are not liable for the debt.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

Thank you Ely! One last question. When I cancelled my father's auto insurance he had paid it in full for the year, so they issued me a refund check. The check was made out in my father's name and mine. That's why I was worried that my name would be tied to his, and therefore, any debts I cannot pay would come back to me and hinder my credit. I guess it doesn't matter from state to state either?


Thank you in advance!

You are very welcome.

In this case, yes and no. If you cash the check and keep the money, that money may be liable for attachment for a debt. If no probate is filed, the creditors can FORCE probate and got after the estate's money. However, unless the debt is really large (thousands), the creditors almost never do, because it is simply too expensive to litigate.

So by cashing the check, you do not make yourself "more" liable, but whatever money belonged to his estate may be attached should the creditors pursue the estate, which they almost never do.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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