Legal Question in Credit and Debt Law in Wisconsin
I'm would like to know if i pass away are my cheldren responsable for my debts
1 Answer from Attorneys
No, children are not automatically responsible for the debts of their deceased parents in WI. However, if your assets are subjected to the government probate process after your death, one thing which the court will require is that all of your debts be paid before any money or assets are distributed to your heirs. In that sense, the children can be held responsible for your debts, in that their inheritance is reduced by them. Proper planning, however, can avoid the probate process in most cases. Additionally, any debts for which your children agreed to be responsible are an exception to this rule. For example, medical bills can sometimes be collected from a �responsible party� who signs you into the hospital, and funeral bills can be pursued against survivors who set up the funeral, thereby potentially obligating themselves. Proper estate planning by an experienced probate attorney, however, can eliminate many of these liabilities for your heirs and can also sometimes preserve your assets from creditors. You should therefore hire your own estate planning attorney or at least consult with one in order to get the answer to your question Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and may contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.