Legal Question in Credit and Debt Law in Massachusetts
Debt liability in case of death
My mother is about to pass away and sister and I who would be acting as next of kin want to to know whether all her debts including credit card, student loans, etc, will fall on us. We live in MA and we are both age 25 and under
3 Answers from Attorneys
Re: Debt liability in case of death
Generally, if you are not jointly on these accounts and have not assumed responsibility for them, you will probably not be liable. Your mother's estate will probably be liable for these debts. Take care that in handling her estate you do not incur administrator/ fiduciary liability. You may wish to speak with a clerk at your local Registry of Probate and/ or an attorney to learn what properly should be done.
Re: Debt liability in case of death
If you are able, you should speak with an attorney in your area as soon as possible. There may be steps that can be taken in order to effectively preserve as much of your mother's estate as possible.
If your mother does not have a will, you might consider whether a will and other estate planning techniques might protect your assets.
There is no doubt that your mother's probate estate must pay all valid debts and expenses.
Re: Debt liability in case of death
Generally speaking, pursuant to Massachusetts law, the children of a decedent are not liable for his/her debts.;)
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