Legal Question in Wills and Trusts in Massachusetts
My Mother-in-Law recently passed away. The executors of the will are my wife and her brother. There are no assets or money. In fact she had a bank account which is $2000 in the red due to the overdraft.
Should the siblings be responsible for this debt.
Sincerely, Concerned Son-in-Law
2 Answers from Attorneys
I am sorry for your loss.
If your mother-in-law had less than $15,000 in assets (in addition to the value of an automobile), and did not own any real property, there is a simpler and more streamlined probate process available.
To answer your question: your mother-in-law's estate is responsible for the overdraft account, and the beneficiaries are not responsible for paying this debt. It is important to note, however, that the beneficiaries are not entitled to distribution of any assets of the estate until all just debts - including the overdraft account - are paid.
Please feel free to contact my office if you would like some assistance in wrapping up your mother-in-law's affairs.
The short answer: your mother's estate is solely responsible, unless someone else assumes such liability.
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