Legal Question in Wills and Trusts in Ohio
Who Pays?
My mother and father were ''legally seperated'' over 10 years ago. They never actually filed for divorce but have not been together. My father has nothing. No assets at all. and stays with his family members. Neither of my parents has remarried. When my father gets sick/passes who will be responsible for the debt. Will my mother or will we - the children? Is there any way we can denouce it, etc? There won't be an estate to pay the bills. Also, since they were really never divorced what will happen if my mother passes first and there is no will but some assets? Is he entitled to them? Please advise!!
Thank you
1 Answer from Attorneys
Re: Who Pays?
A legal separation does not end the marriage. They are still married, although whether or not each can inherit from the other depends on the language of the legal separation decree from the court. Your father's estate is responsible for its own bills. If there are no assets, the creditors are stuck. Beneficiaries can only get what's left after the bills are paid.
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