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?
1 Answer from Attorneys
Re: Partner for 38 yrs passed away
First, did your mother-in-law's partner have a Will? He may leave his property, if he had any, to whomever he wants, but subject to claims that spouses and children have the right to make.
Your mother-in-law is not responsible for his debts, unless she co-signed or guaranteed in writing that she would also be responsible.
His heirs may not force your mother-in-law to reimburse them for any of his final expenses, including medical bills.
Any benefits or life insurance policies that made your mother-in-law the beneficiary are not part of her partner's estate, they pass to the beneficiary as a contract right [the contract between the partner and the insurer or other provider of death and other benefits].
If the heirs sue your mother-in-law in court, she should consult a local estates lawyer who is familiar with such litigation.
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