Are children liable for their deceased parent’s debts?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 7 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.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption