Legal Question in Wills and Trusts in Pennsylvania
Partner for 38 yrs passed away
My mother in laws partner for 38 yrs recently passed away. She found out that he is still married. His children took out a loan for his funeral and now they want her and her kids to pay them back 4,400 for the funeral. They also want his Death Benefit of 5,000 which was left for my mother in law and they threaten to sue her and us. Can my mother in law or us be held responsible for any of his debts, burial cost, etc. She lives in PA, he never helped with any of the housing expense, she paid her mortgage off herself by working part time. His children have taken him for everything that he has ever had, a boat, many cars, watches, clothes, bank accounts, money, retirement, etc. If he was still married isn't his wife responsible for all his bills? Like I said, while they were together, he never paid for anything, not even when they went out to eat, traveled, or anything. He lived off her income and she took care of him for the last 20 years, bathing him daily, taking him to the Dr, hospital, etc. She is really worried that she is going to lose everything she has. thank you in advance and i hope you are able to help her. Also is she responsible for any of his debts, hospital, Dr. bills, etc?
3 Answers from Attorneys
Re: Partner for 38 yrs passed away
If his children took out a loan to pay the funeral expenses, they are responsible. She is not responsible for any of his debts at all. She was not a spouse in TX; I don't know about PA.If she was named as a beneficiary on a life insurance policy, that is hers alone regardless of her marital status or lack thereof. Not likely a lawsuit would change that at all except to pay lawyers to defend her. Tell the family to take a hike.
Re: Partner for 38 yrs passed away
In Pennsylvania your mother in law is not entitled to inherit anything unless there was a will. Further she is NOT responsible for any debts of her partner unless she was a cosigner or otherwise had her name on the account.
Like the man said tell them to take a hike. If they sue they'll lose further you can ask the suit be dismissed and they pay any of your mother in law's legal expenses as that suit would be frivoluous.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Partner for 38 yrs passed away
In Texas, a decedent's estate is responsible for payment of debts. Not his family, not his girlfriend. If there is not enough money to pay all debts, funeral expenses have a first priority claim on the estate. If his children chose to give their dad a fancy funeral that could not be paid for from the estate, that is their problem, not your mom's. Life insurance proceeds pass outside of probate and free of claims. Tell the kids to sell the boat.
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