Legal Question in Wills and Trusts in Virginia

Re: Colelctions after death

The furniture company should be informed to direct this bill for the bed to the executor of the deceased woman's estate. (And, no, they have no legal authority to repossess an item which was properly purchased by your deceased mother in law while she was still alive and given to you as a gift before her death.)

Re: Colelctions after death

Well... This is a new twist on an old problem.

TYPICALLY creditors of a deceased person try to go after family members and badger them to pay for the debts of the deceased person.

That is NOT proper (usually) and family members are NOT responsible for the debts of a deceased, adult family member.

HOWEVER.....

Here, your mother-in-law bought the bed FOR YOU, and YOU are using it, not her.

So while you are NOT responsible to pay for your mother-in-law's debts, I think that they CAN repossess the bed.

So while you have *NO* legal obligation to pay for her debts, if you want to also KEEP the bed, then you have to essentially "buy" it (again).

I find it odd that your mother-in-law did not pay for it, so you should also demand proof that it was not paid for and compare this to your mother-in-law's bank account records! IT COULD BE A MISTAKE!

Also, another thing...

If your mother-in-law has any money or possessions that comprise her "estate" for inheritance purposes (including selling her belongings as necessary), her executor is responsible to PAY ALL HER DEBTS from her remaining money.

If there is enough money remaining -- including from selling anything that should be sold to raise funds -- THE EXECUTOR SHOULD PAY FOR THE BED.

Why? Well, it was clearly intended as a gift by your mother-in-law to you. (The circumstances make this undeniable, with payment by her, and delivery to you. No other possible explanation but a gift.) So the executor should honor her intent. (Note: She made the gift BEFORE she died, so it does not come under her will.)

So all of her debts should be paid off from whatever money or assets she left behind.

Possible exception: If the will specifies that certain items of property go to specific people, the executor (personal representative) might not be able to sell those to satisfy debts.