Legal Question in Bankruptcy in West Virginia

Family Member death & bankruptcy

I am filing chapter 7 in a couple of days. My father passed away last year, and before his death, he lived with me for about 2 wks. Over the past couple of months I've been getting bills that he owed from various credit collectors, saying that I'm liable for his debt. My name is mentioned on only one of the bills, but my name was never on anything with him. Also, he didn't have a will at all. Do I need to add his debts onto my bankruptcy in case they hold me liable for his debt, or is there no way for them to hold me liable?


Asked on 9/21/05, 8:00 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Family Member death & bankruptcy

Of course, you should talk to your bankruptcy lawyer. The Statute of Frauds provides that no person can be held for the debt of another unless there is a writing signed by the person sought to be held accountable. Your father's assets are subject to sale by the Administrator of his estate to pay the liabilities. A creditor could qualify as administrator, but this is rare. You must include all of your credtiors on your bankruptcy. Many practitioners would include all possible creditors. You have the option to show the debt as "disputed" on the listing.

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Answered on 9/21/05, 8:12 am


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