Legal Question in Wills and Trusts in Wisconsin

debt & Life insurance

If I die as a single mother - do my kids inherit my debt? I.e. mortgage, taxes, loans?

If there is an insurance policy that they are the beneficieries - does that debt get paid out of the payout?


Asked on 12/07/08, 10:38 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: debt & Life insurance

Your secured debts will follow the assets to which they are secured. So if you have a mortgage or car loan, whoever inherits the house or car will end up with that debt or will risk losing the asset. However, they don't become personally liable unless they assume the debt. Lenders may "deem themselves insecure" if you die and call the debt due, in which case, it will have to be dealt with.

Insurance proceeds are paid out to names beneficiaries. Unless you name your estate as your beneficiary, they generally won't become subject to your debts, unless you have pledged the policy during your lifetime.

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Answered on 12/07/08, 1:22 pm


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