Legal Question in Real Estate Law in Massachusetts

Death and Outstanding bills

If a person dies but does not have a will and does not have children or a spouse; what happens to any outstanding loans or bills that the deceased was responsible for before their death? Would brothers and sisters of the deceased be obligated to take over payments even if they are not beneficiaries?


Asked on 2/07/07, 8:21 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Death and Outstanding bills

The short answer is, "no."

In general, it is the "estate" of the deceased which bears the financial obligation, assuming that there are enough assets to pay the outstanding bills. There is a pecking order to determine what gets paid first (including certain administrative and funeral expenses, etc.)

After all debts and expenses are paid, only then is money distributed to beneficiaries, whether according to a will or according to the laws of intestacy (without a will).

Of course, if any of the brothers and sisters were co-signors, guarantors, or sureties on a loan, credit card, etcetera, the answer would be different.

Otherwise, you are not your brother's keeper.

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Answered on 2/08/07, 9:11 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Death and Outstanding bills

The estate can still be probated, and the intestacy statute regulates how it gets divided.

The brothers and sisters are no more bound to pay the bills after the death than they were when he lived.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

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Answered on 2/07/07, 8:38 pm


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