Legal Question in Wills and Trusts in Virginia

Debts after death

My mom has terminal cancer. She has a small 401K, small life insurance, and no other assets. She is gaining increased debt due to cancer treatment. Will the 401k and life insurance be subject to collection after her death to repay any debt?


Asked on 7/22/08, 8:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debts after death

Claims for your mother's cancer treatments can be filed with her estate after her demise. However, if this estate has no significant assets with which to pay these claims, then they likely will not be paid. (The proceeds of the life insurance policy and the 401K pension fund should pass directly to designated beneficiaries and not be part of any probate of your mother's estate, if one is even opened.)

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Answered on 7/29/08, 11:32 am


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