Legal Question in Credit and Debt Law in Massachusetts

In Massachucetts what happens if a parent dies but owes money? Who is responsible for this debt?


Asked on 11/30/12, 9:53 am

2 Answers from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law

Unless there are any co-debtors, the estate of the deceased is responsible for the debt. If the debt can't be satisfied by the estate, then typically it is effectively extinguished. However, if there are any co-debtors, they would still be liable for the debt.

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Answered on 11/30/12, 10:04 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Generally, the estate would be liable for the debts.

The beneficiaries of the estate are not liable, absent some unique circumstances. That being said, the beneficiaries may receive less from an estate that has significant debts.

Our office prepared an article on this exact topic, which you can ready more about here:

http://vaughnmartel.wordpress.com/2012/08/29/until-debt-do-us-part-who-inherits-credit-card-debt/

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Answered on 11/30/12, 10:07 am


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