Legal Question in Wills and Trusts in Massachusetts

My father was a resident of Massachusetts before he went to Texas. When in Texas, he passed away. He was indigent with a less than zero (credit and irs debts) estate. He left no will.

My question is: As a traveler, does the state that he died in dictate estate policies, such as how it is dispersed (also under special circumstances)? I know my father incurred credit debt, IRS debt, and DOR debts. He was a fugative from Massachusetts because of all of this. I just want to know if i am responsible, soley. He had many children, but I'm the first born.

Thanks for your time, I appreciate it more than you know.


Asked on 1/27/11, 8:25 pm

1 Answer from Attorneys

Georg LaBonte Law Office of Georg C. LaBonte

Hello,

In short, I believe you're asking if you will be liable/responsible for the debts of your father. The simple answer is no, you do not inherit debts from your parents unless you specifically signed and guaranteed the debt.

As for your other question, if your father has any assets, they will be probated in MA, if he holds real property in any other state, it may be probated in that state, however it sounds like he has no assets left, or any assets he does have will goto pay his debts.

Good luck, and I'm sorry for your loss.

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Answered on 1/28/11, 10:15 am


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