Legal Question in Wills and Trusts in Missouri

Re: Is debt inherited ?

The estate (your mother's property) is responsible for paying the debt--your husband does not inherit any of it. He is only responsible up to the value of the property he takes/inherits from his mother's estate.

Also, in California, some things like life insurance are exempt from creditor claims, so check Missouri law to see if there are similar statutes.

Re: Is debt inherited ?

The simple answer to your question is "No, your husband is not responsible for his deceased mother's medical bills." If his mother died without a will and owning property (such as a bank account) in Missouri in her own name then your husband should consult with an attorney in the county where that property is located to determine how best to proceed. If the bank account was held in joint names, then the other joint owner became the sole owner of the bank account immediately upon his mother's death. It is possible that the bank account may have been titled in the mother's name, with a "P.O.D." or "Payable on Death" clause, to her son or someone else. If so, then that person would own the bank account. If it was owned by her in her own name only, then it may be necessary to file papers in Probate Court. If the amount is very small, it may be appropriate to obtain a "Refusal of Letters". If not, it may be possible to open a small Estate. If an estate is opened in Probate Court, the creditors will have a six month period within which to file claims and attempt to be paid out of the estate assets. In many cases the creditors will accept a settlement for an amount less than what was actually owed. Also, special rules apply to Medicaid or Medicare claims if any are involved. If you are not already represented by an attorney in Missouri, I may be able to offer some assistance. Please feel free to call me for a free telphone consultation at 314-727-2822.