Are children liable for their deceased parent’s debts?

My father died 9 months ago and did not have a Will. My stepmom claims that her attorney says my brother and I owe her money for my father’s items that are part of the estate. She claims we owe my father’s half of the last 8 months of their car payments, house payments and insurance on both. Is this true? I talked to many people and nobody has heard of the adult children of the deceased taking over car payments and house payments, especially not paying for her insurance.

Asked on September 21, 2015 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your father.
Since your father died intestate without a Will, your stepmother surviving spouse inherits his entire estate and therefore should be responsible for your father's debts since the debts house and car payments, insurance originated during marriage.
 


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