Legal Question in Elder Law in Washington

Re: Bills left behind by parents

First, please accept my condolences on your recent loss.

The first thing I cannot tell from your question is whether your mother died in WA state or not.

If she died here, then I can answer some of your questions.

First off, you are her family. Your other siblings, if any, are her family.

You should strongly consider hiring a lawyer who works in the County where she was domiciled at the time of her death to determine whether or not a probate needs to be opened for your mother.

Did she own real property at the time of her death? If so, then yes, there needs to be a probate. If not, if her net estate was less than 60K, there is a simplified process to probate her estate.

It is entirely possible that there is money owed to DSHS for her care at the end of her life. You need to determine whether or not they are claiming a lien or a creditor's claim on her estate. IF the estate has sufficient assets to pay the claims, then it is solvent. If not then creditors may not get paid.

The debts of the decedent do not become the debts of the heirs.

But what I think you really want to know is whether you get to keep the benefit of that life insurance policy before the bills get paid.

Here's the answer: I cannot tell without a full review of the document and a full understanding of her estate. But that said, generally speaking life insurance policy proceeds are not estate assets and do not go through the probate process.

Hope that helps. Elizabeth Powell