Legal Question in Constitutional Law in Washington
Bills owed after deceased
Single women, one adult child. If deceased will the bills owed by the single woman be written off by the creditors or will they try to get some money from the only survivor, the adult child? Bills owed would be credit card accounts, rent, utilities etc. The only money that would be left would be a small amount of savings, possibly some pay check. Then there is life insurance, 401K, retirement (all with adult child as benficiary).
Have been told that the creditors can go after checking and savings but would not be able to touch the Life insurance, the 401K or retirement. Is this correct.
Also there is the fact of burial. Can the funeral home go after any part of what is left. One funeral home told me that they would have the adult child sign over the life insurance before they would go with a funeral. Funeral is planned as a cremation and no service. So would be very limited in amount.
1 Answer from Attorneys
Re: Bills owed after deceased
Creditors generally file claims against the estate of the deceased within the time prescribed by law. A creditor may open an estate for the deceased if no one else does, and if the creditor chooses. This not often done unless the bill is substantial. One who takes the assets of the estate and does not pay the creditors runs the risk of being sued for the outstanding obligation. It is, therefore, a good idea to pay the legitimate bills of the estate, as that is what the deceased would have done had s/he lived.
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