Legal Question in Wills and Trusts in Massachusetts

Re: after death

This forum is not intended to provide legal advice, but just general information, so your particular situation may differ.

In general, the personal representative of the decedent is responsible for paying the just debts of the decedent out of the probate assets of the decedent. That is, if a decedent had assets in her own name that could be used to satisfy creditors, the executor or administrator is supposed to do that first, before paying any distributions to beneficiaries. If no executor or administrator is appointed, a creditor, in theory, can petition for appointment as personal representative.

As far as whether a surviving spouse is responsible for credit card debt in the name of a deceased spouse, it can be more complicated. The simple answer is, probably not.

"Probate assets" are assets titled in the name of the decedent and generally requiring the probate of the decedent's estate to be transferred to beneficiaries or to be liquidated. "Nonprobate assets" are not administered by the personal representative of the decedent (executor or administrator) and they pass by contract or operation of law. Examples of nonprobate property would include an IRA, life insurance (unless payable to the estate rather than a named beneficiary), or property owned as tenants-by-the-entirety, which passes to the surviving spouse.

Re: after death

I am so sorry to hear about the recent loss of your mother.

The answer to your question depends on a number of variables, for example:

Did your mother have a will at the time that she passed away?

Did your mother have any legal ownership over the home in which she and her husband lived?

What assets, if any, did your mother have at the time she passed away?

First, your mother's estate should be probated in the county where she resided at the time of her death.

The type of probate (with will, without will, or voluntary administration) will depend on the answer to the above questions. The personal representative of the estate would be responsible for paying the just debts of the deceased from the assets of her estate.

You should consult with an attorney in your area as soon as possible.