Legal Question in Family Law in North Dakota

Am I responsible for my mothers debts after she dies?

My mom has been diagnosed with a terminal illness.

She has many outstanding debts plus the medical bills are piling up. What recourses do I have?

I've heard of medical bankruptcy. Is this the answer? Again she is terminal.


Asked on 9/17/99, 11:37 am

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Responsible for mom's debts after she dies?

Her ESTATE is responsible for your mother's

debts after she dies. Her estate is made up of personal and real property in her name at the

time of her death. It can get a little more complicated, but it

may not apply in the situation you ever so briefly describe.

Read more
Answered on 9/17/99, 4:36 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Am I responsible for my mothers debts after she dies?

I agree with Ms. Johnson in that your mother's estate would be responsible for her debts and not you. At this point with your mother's ill health I strongly suggest that she have a will drafted as soon as possible. In addition to a will your mother should have her assets such as car, home, accounts in either joint name with someone or name a beneficiary. Any asset with a joint owner or a beneficiary does not pass through probate and will not get attached by creditors. However, having someone on as joint can be risky if the other joint owner is not trusthworthy or is having credit problems. Good Luck.

Read more
Answered on 9/17/99, 7:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Dakota