Legal Question in Wills and Trusts in Colorado
Credit debt
My mother passed away a couple of weeks ago. Her live in boyfriend of 4 years--ie her common law husband, is the executor of the will. He is also listed as her spouse on the death certificate. I have a few questions:
1-My mother's birthplace is incorrect on the death certificate--is it still a valid certificate?
2-She had about $40,000+ in Credit debt. My mother's boyfriend's lawyer said the debt should die off. My mother gave me a piano in her will. I was told to have it appraised in case the creditors came for it. She also had $66,000 in life insurance-which was directed in her will to pay off the credit debts and then be split between me, my brother, and her boyfriend. The lawyer said to take the insurance money and split it 3 ways. Is the life insurance money considered part of her estate to take for paying off the debt?
1 Answer from Attorneys
Re: Credit debt
If the Will reads as you say, the debts are debts against the estate, they don't "die off". Proper notice must be given to all interested persons, including all creditors. There are certain procedures that must be followed.
I suggest that you immediately consult with an estate attorney to receive proper advice and file a Request for Information with the Estate proceeding.
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