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?

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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

Answers:

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.


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