Am I responsible for my late mother’s debts?

My mother died last year after being in a nursing home for 4 years. Medicaid helped pay for her care, so when we sold her home, Medicaid received all the profit. Now a company, that I have never heard of, wants to know who pays her bills. there is o money and no probate was filed it wasn’t. Should I answer their letter? I have closed out her accounts.

Asked on May 2, 2017 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was no money left in your mother's estate to pay off her debts, then they will be written off by her creditors. As an heir, you are not responsible for them, as long as you did not co-sign or guarantee for any of the debt. You can either notify her creditors of this and send them a copy of her death certificate or just ignore them. You are under no financial obligation to them. Note: The only time a child may possibly be held responsible for a parental debt is under the doctrine of something called "filial responsibility". Many states with these laws, require adult children to care for their parents financially. However when enforced (and they rarely are) it is only for reimbursement to Medicaid for nursing home expenses. However, you said that you paid off Medicaid.Read more: https://ask-a-lawyer.freeadvice.com/law-questions/who-is-legally-responsibl-86025.htm#ixzz4gKady9RG Under Creative Commons License: Attribution Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.