Legal Question in Wills and Trusts in Wisconsin

Do surviving children get stuck with bills after last parent dies?

My mother recently lost her health insurance, due to the company paying for the care went broke. She now only has medicare. She cannot afford the price of the supplemental healthcare thats out there. When she passes away what happens to all of the unpaid medical and miscellaneous bills that she has?


Asked on 9/05/02, 12:15 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: Do surviving children get stuck with bills after last parent dies?

Unless there are assets in the estate, there is no provision in Wisconsin law for surviving relatives, inlcuding children, to automatically be responsible for the debts of a deceased parent. The opposite is true, however, to the extent that any heirs recieve assets of the estate. Even then, liability is limited to the value of assets received. Other exceptions would include debts that the children have voluntarily assumed, which might often be the case for such things as funeral expenses, or other accounts you have transfered to your name prior to death.

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Answered on 9/09/02, 4:36 pm


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