Legal Question in Wills and Trusts in Utah
Q:when a parent passes away and has left behind a large sum of debt, who is responsible for it?
A;The money to pay the debt comes from the deceased's estate. The heirs and families have no personal responsibility for the debt, unless they have guaranteed it. What ever assets are in the estate should be used to pay the debts.
Q: so the estate would be the home, what if the son owns the home? then the money comes from insurances and death benefits correct?
Asked on 10/25/10, 7:32 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
If the deceased owned the home at death, the equity in the home is used to pay the debt. The home could be sold, or the heir(s) can pay the debts and keep the home.
Answered on 10/31/10, 6:49 pm
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