Estate Law

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My Mother just passed away. What do we do about her bills?

My Mother just passed...

My Mother just passed away. What do we do about her bills?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Michigan.

Lawyer's Assistant: What documents or supporting evidence do you have?

Her death certificate. Her grandaughter (my daughter) is beneficiary & I am listed 2nd, son listed 3rd.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also has legal will.

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Answered in 5 minutes by:
1/19/2018
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,215
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

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My condolences for your loss.

Are you asking if you have personal liability for her debt?

Has anyone filed the will with the probate court or opened an estate in probate?

Does she have assets which were titled to her alone?

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Customer reply replied 6 months ago
online is fine.

The site makes the phone offer automatically. Feel free to decline. I am happy to continue online with you.

Are you asking if you have personal liability for her debt?

Has anyone filed the will with the probate court or opened an estate in probate?

Does she have assets which were titled to her alone?

Ask Your Own Estate Law Question
Customer reply replied 6 months ago
Just online .

The site makes the phone offer automatically. Feel free to decline. I am happy to continue online with you.

Are you asking if you have personal liability for her debt?Has anyone filed the will with the probate court or opened an estate in probate?Does she have assets which were titled to her alone?
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Customer reply replied 6 months ago
personal liability? Her atty. filed the will. No assets.

Thank you for the additional information.

As a general rule, adult children have no liability for their parents' debts, including credit cards, car loans, mortgages, etc.

Any repayment must come from the estate. If the estate is insolvent then the creditor is just out of luck.

Of course, if you signed anything agreeing to be liable or guarantying the debt then you are liable to the extent of the signed obligation, but otherwise, the creditor has no recourse, except as to the estate of the debtor.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 6 months ago
Do I still need to do her taxes this yr.? Also should the #1 executor be signing for them?

There is no executor, unless the probate court appoints. Otherwise, any next of kin can sign a final tax return.

Yes, if she had income she was required to report, you will need to file a tax return.

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Customer reply replied 6 months ago
Thankyou for all of your help.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,215
Experience: 30 years experience in the practice of estate law.
Verified
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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