Legal Question in Credit and Debt Law in Missouri
Estate responsibilities for a parent with minimal life ins total estate.
My mother died at age 79 of a respiaratory complication And suffering from dementia & alzheimers.
She did not have a will. She did not own a car, she did not own a boat, she did not own a home, she did not own any property. She had no stocks or bonds. She hadn't owned a home in over 30years. She never had a drivers license, so she never owned a car. She had not sold, given away, or any any form got rid of anything of any value. She received approximately $750.00 per month social security benefit. She had 3 term life insurance policies totaling $8,000. death benefit. My ssiter and I were the beficiairies.
My mother wanted to be cremated with as little service as possible. Than she wanted her ashes taken to Nevada to be with her sister & brother-in-laws ashes. We've tried to do everything she desired. we have not taken her ashes to Nevada yet. We need to wait awhile to take that trip.
Credit card companies and Medicaid are now wanting payment for debt. There is approximately $6,500. remaining. We paid for her cremation and related mattersout of the insurance money. We would like to use more of the money to take her to Nevada in the fall.
Are we responsible to pay her debt from the insurance money?
1 Answer from Attorneys
Re: Estate responsibilities for a parent with minimal life ins total estate.
The money paid out in death benefits under the life insurance contracts is not a part of any probate estate and is not legally subject to attachment by any creditor of your deceased mother. It is yours to do whatever you want to do with it. By the way, you do not have any obligation to pay the creditors unless you signed something that makes you individually liable, and I would advise you not to pay any of your mother's debts out of the life insurance proceeds. I hope that this has been helpful for you.
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