If my mother passed away and she had some debt, are my siblings and I required to pay it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother passed away and she had some debt, are my siblings and I required to pay it?
Also, the house is not paid off (also only her name). I can’t afford to pay the mortgage and I don’t think I would make any money on it; it would cost me too much to fix and get ready for sale. Do I even have a the right to sell it and pay it off?
Asked on October 27, 2014 under Estate Planning, Colorado
Answers:
Christine Socrates / Christine Sabio Socrates, Atty at Law
Answered 9 years ago | Contributor
You and your siblings are not responsible for paying your mother's debts unless you were a joint account holder or guarantor of that account. If she passes and no one would like to take over the house and the mortgage, it would need to be sold and paid off. If not, the bank will foreclose on the house. The person who is appointed executor in her will or the person who applies to be administrator if she does not have a will, would be responsible for settling her estate. If you would like assistance or have additional questions, please contact my office. www.socrateslegal.com
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.