If my mother-in-law has 5 children but has put her estate in my husband’s name should she pass, will he now be responsible for her debts when she passes away?

His siblings have gotten her into incredible debt. Debt so large that I’m not sure that selling her home would cover it. Is my husband responsible for paying off this debt should she pass away? Credit cards, lenders etc. after the home is sold to settle debts, if there is remaining debt will he be responsible for this? If it goes unpaid, what will happen? Will it go against his credit?

Asked on November 16, 2014 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

PLEASE go and speak with an estate planner ASAP on this matter.  It is unclear from what you have written if you mean left everything to him in her Will or transferred assets (which could be seen as evading creditors if she passes within a certain time frame).  That would be a key factor in liability for him. It may be best f she creates a Trust but again, with out speaking with her directly as to the status of her estate it is hard to give you guidance.  Good luck.

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.