Legal Question in Wills and Trusts in Washington
outstanding loans of deceased
if i still have some to pay on a loan for my house what happens??
if i leave money to the kids do they get taxed on the money and then have to pay off the loan?
can i set something up that pays off all debts before they
get taxed on all the money?
or should i pay off all my debts
2 Answers from Attorneys
Re: outstanding loans of deceased
The obligations of a person who has died cannot be ordered paid by that person's heirs. Not going to happen.
Obligations can be ordered to be paid by the estate (not the beneficiaries) BEFORE the estate is closed out of probate.
This is fairly complex stuff. Contact your Bar assoc. for a referral to an atty who is near you who can explain it to you, or look at some of my other posts in this area of law.
Powell
Re: outstanding loans of deceased
I agree to a point on the last post. No unsecured debts need to be paid by beneficiaries but those creditors can request payment from the estate. Secured debts run with the property even if they are transferred to the benefiary. Ms. Powell provided good advice -- seek a consultation from a qualified probate or estate planning attorney. As for taxes, a beneficiary is not taxed for property he/she received as a bequest from a state. However, the estate assets may be taxed (estate, income, etc.) prior to distribution to the beneficiary. Again, seek counsel.