Legal Question in Wills and Trusts in Wisconsin

debts of the deceased
Am I legally responsible for my deceased mother's debts? Her assets included one checking account of $200 and one savings account of $40. She did not own a car or house - she rented an apartment. She has many debts - charge cards, medical bills, pharmacy bill. There was a life insurance policy left to me - that will cover burial and cemetary with little left over. What is my legal responsibility? Do I need to hire a lawyer for such small assets to debate?
Thank you.

Asked on 1/30/01, 4:02 pm

Thomas Schober Schober Schober & Mitchell, S.C.

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Re: debts of the deceased

You are not responsible for your mother's debts

unless you co-signed for her or guaranteed them.

Her estate is now liable. That means that no assets

may be distributed to anyone until her bills are

paid. There is a priority as to which bills get

paid first. If the life insurance is payable to

a named beneficiary, it does not go through her

estate. Consequently, you may use that money to

pay her funeral, etc., which you probably did have

to sign for.

Answered on 3/15/01, 9:15 am

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