Legal Question in Wills and Trusts in Alabama

Deceased persons bills

The law in this varies from state to state, and while I could tell yoy the answer for Tennessee... I can't give you a good answer for Alabama.In general a surviving spouse is not lible for debts in a situation like this... but the decedent's estate IS.This means that if your father left something at his death and your mother inherited it, your father's creditors could make a claim on that money or asset.This is the purpose of probate -- to allow creditors to make claims against an estate before passing anything in the estate on to the heirs, but to give the creditors only a relatively brief period to make their claims, and then once that period has run no other creditor can make a claim and the heirs are not troubled by dealing with creditors indefinitely into the future.At the moment, contact an attorney in your state who does a good deal of probate work and he or she will be able to answer everthing with certainty, and let you know whether there is any reason in your case to go through probate.I also encourage your mother to WRITE all of the creditors, not to let them know the situation, but to let them known that she will consider any further phone calls to be harrassment and that she will consider legal action if the calls continue.... and keep a copy of each letter so she can show they were put on notice if they continue.

Decedent's bills.

Your mother is not personally liable out of her own seperatefunds, but as executrix of his estate, she becomes liable to the creditors for paying the bills out of his estate.

In general, such bills must be paid out of the estate ofthe decedent, but only if there was enough to cover them. (If not, the estate is insolvent and the creditors are out of luck.) Any bank accounts or stock accounts in his own name, POSSIBLY the value of his car, and his personal belongings are all included in his estate.

There are two meanings for the word "estate" in legalparlance, the taxable estate (what the governmentfinds subject to tax) and the probate estate -- thatwhich would be governed by his will if he had one orby state law if he didn't. It is the latter only whichis subjected to the debts of the decedent. (Lifeinsurance payouts rarely fall into the latter category,and joint accounts or joint property are also only rarely counted as probate property.)

Having said all the above, realize that each state's lawsgovern these matters and there could possibly be differentlaws in your state, so you should promptly disregard all Iwrote and call up a local probate attorney!!!!

Decedent's Debts

The law of each state can vary, unfortunately, in matters such as the liability of a spouse for the debts of a decedent. The majority position is that your mother is not liable unless she has signed something or otherwise agreed to pay, but your father's estate is liable. What's in his estate and how it deals with creditors are matters your mother should discuss with a local attorney who does a lot of probate law.

Decedent's Debts

Your mother is not responsible for your father's separate debts. However, if your father's estate has money to pay the debt, the creditors will most likely seek payment from the estate. I usually recommend probating an estate where debts are involved in order to (1) pay off the debts or (2) prove to creditors that the estate does not have the funds to pay the debts.

Your Father's Bills

In some states the surviving spouse is obligated for medical bills for medical services supplied to the spouse. You should consult with an estate attorney in your state for assistance.