A general legal question for the lawyers and paralegals here.

[trof]

And I know...it depends on the state you live in.
In this case it's NC.

Are offspring responsible for a deceased parent's debts?
A woman we know died heavily in debt.
Several credit cards maxed out, etc.
Would her sons be liable in any way for her unpaid debts?

Just curious.
I've never heard or read anything that said they would be.
A spouse? Possibly.
But offspring?

Thanks, and mods please don't lock.
I'm not asking for advice, just curious.

[The Velveteen Ocelot]

1. No.

The creditors can make claims against the deceased person's estate so the heirs might not end up inheriting much, but they are not personally responsible for the debts of a decedent, in any state that I'm aware of.

[trof]

2. Thanks. That's what I thought.

I don't know if she knew she was at 'the end of days', but she sure as hell lived it up for the last year or so.
Whatever.
:eyes:

[The Velveteen Ocelot]

3. I think that if people are diagnosed with a fatal disease,

they should spend all their money on hookers and blow and max out their credit cards on whatever fun things they want before they croak...

[trof]

4. If you know it's immanent, yeah.

Might as well.

[TreasonousBastard]

5. I would agree, but what if they find a cure that you can no longer afford?

[trof]

7. Yeah, when cashing out, there's always that risk...

that you may miraculously survive.
Oh...wait...
Is that a good thing or not?
:eyes:
bummer
or not

[Lil Missy]

6. No.

[rug]

8. Not now but it's in the republican platform.

[msanthrope]

9. No. UNLESS they are foolish enough to agree to assume the debt.....

I've had clients who have done that, out of their minds with grief, not understanding that even if they are named 'executor' by the will or 'administrator' by the state they are NOT personally liable.

Not even if they have the death certificate, not even if they are in the house the deceased owned, not even if they have their car or their personal possessions.

If a creditor calls, give them the mailing address of the person who was named executor in the will, the attorney retained, or the person who is willing to act as one. No telephone numbers. If the debt's important, they will send mail to the executor or the deceased. (Change the deceased's mail, obviously, to go to the executor.)

Make the creditor do the work--true asset recovery. Make them write it down, as to what they want. Otherwise slam down the phone. Writing. Then you deal.