Legal Question in Wills and Trusts in Kansas
Left will, but really no assets worth much
Mom passed away after leaving a will, but didn't have the money for an attorney. Should she have filed it with the courts? She didn't have many assets of value, but found 1 life insurance policy for $10,000. She was on Medicare and Medicaid, but had a $3028.00 spenddown she had to meet before they would pay any medical bills. Which she had only paid about $100 of that spend down so far. She has left a LOT of debt from credit cards and medical bills in excess of the $10,000 insurance. Am I responsible for the bills since she named me as her executor??? What do I have to do to get the Will taken care of? Do I have to go to the courts and be appointed by them? Basically she left everything to me, except some Native American Land she left to my son and nephew. How do I go about finalizing this??
2 Answers from Attorneys
Re: Left will, but really no assets worth much
You have asked many questions. I will try to answer a few, and perhaps someone else will answer more.
As to the life insurance policy; if your mother's trust is not the beneficary, it is not part of her estate. If, for instance, you or another relative are named as beneficary of teh policy, You or they get it without having to pay your mother's bills.
As to the will; If it is properly executed, then you will have to present it to the District court in the county in which she was domociled, or owned real property. When you wrote that she did not have money for an attorney, it made me wonder whether the will was done properly, such that acourt would accept it, and have teh estate administered according to it. If a will fails, it usually because of the execution (signing). There are specific rules for how a will should be executed to be valid. There is no information with which I could evaluate the purported will.
Perhaps others will reply to you regarding the medical and credit card bills, and how or whether you should have the will admitted to probate. I will say for now, that you do not have to pay for any of your mother's bills from yoru personal funds. It is not your debt, but your agreeing to "take care of it" with the creditor could make it your debt. If the creditors feel that an estae needs to be opened for your mother, they can open one. However, there are reasons why you would not want that to happen. To advise on that or the issue of the bills and land to your son, and attorney will need to get more information from you. You need to speak with a competent attorney in your area. Even if it costs you a couple hundred dollars to have an attorney look into it, you could save thousands.
Good Luck,
Tony Smith
Re: Left will, but really no assets worth much
You really need to see an attorney and sort through the various problems.
The will should be filed with the court. You should be appointed to be the executor by the court. The executor is responsible to administer the estate assets. The executor is not personally liable for her debts. However, the executor is responsible to account for the use of her assets.
The life insurance is payable to the named beneficiary. It may not be a part of the estate. The beneficiary may choose to use the money to pay certain debts of the estate.
If you are near the Wichita area, you may call my firm at 316-265-7272 for a free initial 1/2 hour consultation.
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