Legal Question in Wills and Trusts in Arizona

deceased brothers debt

my brother recently passed away and left a mountain of debt,he failed to pay bills for many years,over 10 credit cards and multiple bank overdrafts and lawsuits from creditors. I am the only living relative and there is a life insurance policy...it is costing quite a bit for his burials as he was very large...what are my responsibilities to pay any of these debts? They all tolled far exceed the life insurance.

thanks


Asked on 3/30/08, 12:39 pm

2 Answers from Attorneys
Brian Blum Blum Law Office, PLC

Re: deceased brothers debt

More facts are needed. Did the life insurance policy name a beneficiary? Who is it?

The creditors can only get to assets of your brother estate. If there isn't enough in the estate to pay, then the creditors get nothing.

You have no responsibility to pay the debts with your own money.

Whether or not the life insurance is part of the estate will depend on who was named as the beneficiary.

Talk to an attorney to help you figure that part out.

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Answered on 3/30/08, 6:28 pm
Gloria Meyer Meyer Law Office

Re: deceased brothers debt

I agree that you have no personal responsibility for your brother's debts. However, depending on the circumstances, the creditors may be able to make claims against the life insurance proceeds.

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Answered on 4/01/08, 1:32 pm


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