Legal Question in Wills and Trusts in Massachusetts
Death of an indigent parent.
My daughter's father is indigent. He has never been anything to her but a source of pain and has never helped support her.
We hear he is not well. When he dies, can his other children sue my daughter for her share of his expenses even though he's never been part of her life?
If so, is there anything she can do to protect herself?
3 Answers from Attorneys
Re: Death of an indigent parent.
Your daughter has no obligation to pay the bills of her father unless she signs a contract which makes her liable for his debt. To avoid liability, don't sign any documents.
Re: Death of an indigent parent.
I'm sorry to hear of your and your daughter's situation. She is not the only child in these circumstances.
She is not responsible for her father's debts unless she has agreed (in writing) to be responsible. If, on the other hand, he dies with assets (and with no will), she is entitled to an equal share with his other children of any assets he leaves (assuming his paternity has been acknowledged or proven). If he does leave a will, the assets will be distributed in accordance with the will.
Please let me know if I can assist you in any way. Good luck.
Re: Death of an indigent parent.
Your daughter has no economic responsiblity for her father unless she co-ssigned something for him.