Legal Question in Credit and Debt Law in Virginia
Paying debts of the deceased
My mother passed away and now creditors are sending me the bills.
She rented and left no estate.She didn't even have enough to bury her.Am I responsible..I can't afford the extra bills
2 Answers from Attorneys
Re: Paying debts of the deceased
Ordinarily, and at common law, the debts and obligations of a person die when that person dies, except for encumbrances that "run with the land", such as mortgages. In Virginia, there's a special statute that provides that written obligations (bonds, notes, checks, drafts, contracts to pay money, etc.) can be enforced after the death of an individual by suing the personal representative of the decedant. Va. Code section 8.01-11. A "personal representative" is ordinarily the executor of the estate, or a person appointed by the local circuit court to act as such. The personal representative is the person charged with winding up the estate of the decedant. The personal representative may be sued and found liable in that capacity without affecting his own personal liability. The money is to be paid from the estate of the decedant. Va. Code section 26-6.
See, generally, title 64.1 of the Va. Code, sections 116 through 180.1 for more information. Note that this answer does not address issues of federal or state taxation.
Re: Paying debts of the deceased
You are not liable for the debts of your Mother unless you affirmatively assumed the liablities. If you did not contract for these services or sign a guarantee for payment, you could write "deceased" on the bills and send them back to the bill collectors.