Do you HAVE to have a lawyer when a loved one dies and leaves debts, and no family wants to be responsible?
554421
All his assets are part of the estate.  If you abandon it, the state has laws that determine who "takes" and in what order, and those will be applied in the same manner as bankruptcy.  For instance, the mortgage company is the first taker on the property.  Why?  B/c they are 'secured' having filed a document with the state that 'secures' the debt.  that is why you will hear credit cards referred to as 'unsecured debt' - b/c no asset secures the debt.  If you want to abandon it, go ahead.  But, having visited his property, you might have problems with creditors saying you took assets away.\nAnd no, you do not need to have a lawyer to clean up the mess.  I do not know how exactly to deal with all of that, but I would at least send copies of the certificate to the credit reporting agencies (addresses available at the FTC's website).\nIf you are named executor in his will, you can refuse, but you might need to file an appearance with a local probate court - though note that 'an appearance' means filing a document, not actually appearing.  I would check with a lawyer on this brief matter, b/c that might make you open to personal jurisdiction, which you don't want.
250265
Possibly yes after a person dies the debt collectors go after the estate. So if her name was on the deeds the might be able to. It is something to talk to a lawyer about.
427136
Although it is entirely possible that information such as this CAN end up somewhere on the Internet, it is not a matter of public record. If your father had a Will then he would have appointed an Executor/Executrix to handle the dissolution of the estate and have the Will carried out as it was intended. If he died Intestate (without a Will) then it will be the courts (State or Provincial) who will act as the Executor and will settle all debts of the estate and pay out proceeds to beneficiaries based on a formula. Who is included to receive payouts (if any) depends on what jurisdiction your father was living in.\n\nSo the long and short of it is you are not getting the info on the net. Go and discuss it with the Executor of the estate and there may be some disclosure to beneficiares before the estate is settled. Usually, a meeting is called including the Executor, legal counsel, and all beneficiaries to discuss the impending dissolution of the estate.\n\nI hope this helps. And, I'm sorry for your loss.
789970
Typically, you need to be aware whether this person who dies leaves a will or not. Even if there are no immediate family memebers, people leave wills. If they die "as is", i.e. w/o a will, they die "intestate". Most likely, in such circustances, the local municipality/cour-appointed trustee will send the letter to the bank to release the info on assets of the deceased. The proceeds ( (if any)will then be distributed to pay-off state-sponsored funeral expenses/cremation...The left-overs will "go to the government coffers" -central banking units- until claims by rightful owners (that can sometimes materialize) can be made. There is a whole procedure for that - for the unclaimed bank deposits...It is regulated.
373584
If you are joint on any bank account holdings, real estate, or other property he had, then you do not need a lawyer.  However, if there things that you were not joint owner of, then you at least have to go to court to havea judge name you the beneficiary.  In my case, my mother was joint on all of my father's ownings, so she did not have to do anything more than present a death certificate to have his name removed from those holdings.  Most such things are actually titled "joint account with right of survivorship".
700226
I am sorry for your loss and my condolences to you and your family.As long as you or any family member has not co-signed on any of her debts the creditors will have to just eat that debt, as far as their constant harrasment you may want to provide them with a copy of the death certificate or mark the correspondence deceased return to sender and that may get most of them off your back .
320708
If the person has a house, life insurance or assets the debts can be paid from them. If the person is married the debts may be transferred to the spouse (depending on what they are). If the person isn't married, has no money or assets they probably won't be paid but if the people and places owed money have their insurance they may be able to collect from them.
983267
Any solicitor will expect you to place him in funds initially to cover the costs of taking out Letters of Administration.  One of the problems of dealing with the estate of a person who has died intestate is that inheritance tax has to be paid up front by the person making the application, so there are more things than the solicitor's fees to worry about, especially if your mother left substantial property.  However, if your mother died leaving a number of bank and building society accounts then what could happen in practice is that once things start moving, you will find the solicitor handling the estate willing and able to reimburse you for your initial expenditure and then take money out of the estate to cover fees as he goes along. If your mother left considerable liquid assets, therefore, all you have to worry about is finding the initial lump sum to pay down to the solicitor.  If she didn't, then you may well have to take out a bank loan to pay fees and charges, as otherwise nothing is going to get done.  Remember, everything you pay down is reimbursable.  Very unfairly, however, you can't claim for interest charges if you do take out a loan.  \nI have been in this situation and I know what it is like.  My sympathies as well as my condolences.\n\np.s.\nHaving traced your earlier question, I realise that you are not in fact in a position to take action of this kind, as another sibling is administrator of the estate.  That means that you cannot have access to your share of your mother's estate until it has been wound up.  That other relative is in the driving seat and unless you feel that you have reason to sue your relative (which sould be a most regrettable thing to do and would probably cause a permanent rift) you will probably have to sit this one out.  Solicitors are only permitted to work on a contingency fee basis in non-contentious cases, which such a case as this would certainly not be!
677171
I'm not a law expert, but my cousin is in a similar situation (father is unfit, unwilling, etc)\n\nShe simply had to name the couple she wanted as guardian as the legal guardian in her will.  She did this through the assistance of a lawyer.\n\nMy best advice is to talk to a (family) lawyer to find out what your options are.
552945
The estate will be responsible for the debts up to the amount of their assets.  However any debts in excess will not pass on to you.  Hopefully your parents have life insurance that will take care of most of their debts in event of an untimely death.  \n\nIf you are worried about your parents financial situation, you should talk to them about it.  You may want to pay for a fee-only financial planner to have a consultation with them.  It is your parents money, so you should think of it as helping them be more comfortable, rather than protecting your inheritance.
362197
I"m so sorry for your loss.\n\nDid you go to a bankrutcy lawyer?  I would check with them.  If some of the debt included in the bk was soley his, you might not be responsibe.  If it hasn't gone through completely, you might be able to file hardships with creditors who will suspend rates or payments for a little while.  Also, the bankruptcy courts might be able to recalculate payments because of your lack of income.\n\nBasically, I would see a professional.  Maybe you can find a relative to help you with finding someone that will do it cheap/free.
494300
His estate is responsible for any bills. If he has no estate then the hospital is stuck with the loss.
578237
His estate is liable for it.  If there's an executor, they may be bound to settle the debt, depending on the agreement grandfather entered into when the debt was created.  You should consult an attorney.
67222
Adult child is actually too vague to respond to in view of the fact a child can be an adult, but still not be emancipated from the family; assuming the adult did not live at home, it would depend upon her will executor assigned ... the property she owned, and what her bills were at the time of death. If she had property, it would have to be sold and her bills paid from the sales.
343364
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
732025
She is the only person responsible for her debt. \nWhen she dies, the credit card companies will call you (one called me on Christmas Eve after my mom died) and try to get you to commit to paying the debt. Just say no. She was over 18, and they contracted with HER for the debt she incurred. The only thing you will have to do is send them a copy of her death certificate. They write the debt off for taxes at the end of the year.
708951
You need to speak with an attorney who specializes in family law and preferrably has experience in handling estates as well. With your Father having no will I believe you and your sibling(s) are entitled to a portion of his estate. How much I don't know. Depending on which state you live in you may be able to find some information online. If you can tell us which State I'll help you look and post back here links that I find. \n\nI am so sorry for your loss. At 22 you shouldn't have to deal with this. \n\nIf your parents were legally separated that may be a good thing. You did mention having proof with some type of legal documentation. \n\nIf I were you I would get as much of your ducks in a row as possible before confronting your Mother. \n\nGood Luck.. I hope you are successful.\n\nBren... you don't allow email. Start here.... \n\n1-800-221-9576  It is a phone number for the Legal Consumer Guide for California. You can call them for a free consultation. It is a toll free number. They man the phones 24/7\n\nThere website is located at:\n\nhttp://www.legalconsumerguide.com/index.html\n\nClick on the Contact Us link.\n\nAnother Link that may help... http://www.courtinfo.ca.gov/selfhelp/lowcost/lawyers.htm\n\nAlittle more information..\nhttp://www.ca-trusts.com/intestate.html