Legal Question in Family Law in Kentucky
responsibilty of surving child
is it the resposibility of surviving children to pay the debts of their parent. father died years ago...mother just recently passed
2 Answers from Attorneys
Re: responsibilty of surving child
With a few exceptions, the debts are paid out of your mother's estate and this is handled by the executor or personal representative. Surviving children do not have to go into their own assets and money to pay any remaining debt unless they are independently liable on the debt - such as having co-signed a loan.
Re: responsibilty of surving child
If by responsibility you mean pay out of their pocket, the answer is "no." If you mean the action of taking care of paying off creditors, the answer is "it depends on whether or not they are the personal representative for the estate." If one or more is, then it is part of the responsibility of a personal representative to take care of that.