Legal Question in Credit and Debt Law in Nevada
Mother's debts
My mother-in-law resides in Nevada while my wife and I live in California. She
recently suffered a stroke and, while coherent, is no longer able to sign her
name and speaks with difficulty. Her bank accounts are all in Nevada. She is
currently in some sort of tax trouble and has creditors trying to contact her. If
we are appointed Power of Attorney and/or guardianship or conservatorship, do
we in anyway become personally responsible for her tax debt and other debts
upon her death? What happens to these debts upon her death? We would like
to have access to her accounts and financial situation in order to straighten
things out and try to piece it all together. Please advise.
1 Answer from Attorneys
Re: Mother's debts
I am not licensed to practice law in Nevada. If your mother-in-law is not able to sign her name, but has her mental faculties about here, Nevada law might have ways for a witnessed power of attorney. Check with a Nevada attorney. Those who hold powers of attorney are called "attorneys-in-fact." In California, an attorney-in-fact is not personally liable for debts of the principal, although one would have to exercise reasonable care as a fiduciary to protect the assets, of course. Definitely ask the same questions of a NV attorney by reposting. Good luck!
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