Am I liable for my mother’s bills if she should die?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I liable for my mother’s bills if she should die?
I am paying her bills while she is unable from her account and didn’t know if I would be liable for them since my name is on her checks and checking account? It is not on any of her credit cards or other accounts.
Asked on March 9, 2011 under Estate Planning, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Being on joint checking account in no way obligates you for any of your deceased mother's bills. As a rule a child does not inherit their parent's debt. Unless a child specifically assume any such liability (for example, they were a co-signer on a loan), a child bears no legal responsibility for a deceased parent's finances. The only time a child may possibly be held responsible for a parental debt is under the doctrine of "filial responsibility". Many states with filial responsibility laws, require adult children to care for their parents financially. However when enforced, typically it is only for reimbursement to Medicaid for nursing home expenses.
Note: The deceased's estate does bear responsibility for their debts. Therefore, to the extent there are estate assets, creditors will need to be paid before any distribution is made to beneficiaries/heirs. If there are not enough assets to cover outstanding debts, then creditors must right them off.
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.