Legal Question in Wills and Trusts in Pennsylvania

paying the debts of a deceased parent

My mother recently passed away. My father has been gone for 18 years. I had power of attorney prior to my mother's death. My mother left no estate, she had no assets. My sister and I paid for her funeral expenses ourselves. Bills are coming in and there is no money to pay them. Am I legally obligated to pay my mother's bills? She was a resident of Pennsylvania. The probate office in her county told me I am not responsible for her debts but the companies she owes money to are harrassing me to pay her debts. I did not sign any paperwork assuming responsibility for my mother's debts. One company states that I owe them simply because I was her POA and the services were rendered prior to her passing and as her POA I should have paid it. The bill did not arrive until after her death. What can I do or say to make these companies understand I am not responsible for those debts? Is there something I can quote to them? There is no money of my mother's to pay the debts. She has no estate. Is there an agency I can contact to resolve this without it costing me a lot of money? I don't want these companies turning me into a collection agency for a debt that clearly isn't mine.


Asked on 8/11/07, 8:19 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: paying the debts of a deceased parent

First, my condolences on your loss.

Whether or not your mother had a Will, you may open an estate with the Register of Wills Office in the County where your mother resided, and get Letters of Administration. The Register's Office frequently can provide forms and guidance [but not legal advice] to you, to help you in starting the estate.

Part of the estate administration involves advertising the fact that the estate was opened. The advertising starts the time running on an period when all creditors may present their claims against the estate, and if they do not do so within one year after the advertising, they may not make a claim.

You should file an PA Inheritance Tax Return, showing the funeral expenses, the probate fees, and the debts. There are some offices of the PA Inheritance Tax Bureau located around the Commonwealth that may assist you in preparing the Return. If your mother had no assets, including not having owned her home, her estate will be insolvent ["insolvent", i.e., with no assets at all and therefore unable to pay any debts]. The return, when accepted by the Inheritance Tax Bureau, will be evidence that the estate is insolvent.

By your, or your and your sister's, taking out Letters of Administration, you are not assuming personal responsibility for your mother's debts. The fact that you held a Power of Attorney ["POA"]to act on behalf of your mother does not make you personally responsible for your mother's debts. The POA only gave you the right to act on her behalf with respect to her own assets.

Once you have an approved Inheritance Tax Return, you may send copies of it to the creditors and ask them to stop harassing you.

If you feel that the administration is beyond you, you should consult an estates lawyer in the County where your mother resided to assist you.

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Answered on 8/11/07, 11:25 am


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