Who's responsible for mom's debt after she passes?
My mother is 54 and has very little time left. As we have gone through her things, including her medical bills, we realize she is absolutely penniless and in a tremendous amount of debt. She is currently receiving hospice care and we are her full time care givers. Is it best that we file bankruptcy on her behalf before she passes? Will we be responsible for her debt (medical, personal, tax) after she passes? If we don't file bsnkruptcy, what do we tell her collectors until she passes? She owns nothing and has no life insurance. We live in Washington state.
The best resource is: www.findlaw.com then in the upper right corner click professional side. Once in there is a list of states as well as US didstrict courts. Under states choose washington. Then choose statues or what ever the laws are refered to as. You would want finacial/ elderly/ inhertance. These are what I would look under. I too have a family member that lives in washington. They have willingly put them selves into the position that they are in. Unfortunately they were a founding member of TMII. If they were in your mothers postion. I would start there. Inhertance law should spell out everything if not refer to the other topics or what comes up in the inhertance laws.
Good Luck!!
A child is not responsible for a parent's debt. My husband and I discovered this when his mother died. Any insurance policy a parent leaves may NOT be attached by debtors. In my husband's case, his mother had put his name on the deed to her home, which was debt-free. It became his when she died. Most of her debt was old, but totalled about 50K.
You are not responsible for ANYONE'S DEBT unless you have signed for and agreed to be the debtor on that debt, be it a parent, a child, a spouse or ANYONE. You need to probate the estate in her domicile, or in the case of a will, file the will, appoint an executor which can be anyone, a child, an attorney, etc. If she is penniless, you should follow the probate court's information and settle the estate yourself or by appointing an administrator who is competent but will not charge for their services, e.g., you or your sibling. It is lock step and simple to follow the guidelines in her county of residency.