If I received a payable on death benefits from my mom and that was her only asset, how do I pay her debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I received a payable on death benefits from my mom and that was her only asset, how do I pay her debt?
She died in UT where she had lived for only 3 months so they say she isn’t a resident. She had previously lived in WA but they tell to hire a lawyer to determine what state she was a resident of. The amount I received from her account will not cover all of her medical debt.
Asked on November 19, 2011 under Estate Planning, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Good question. If you received an interest payable upon the death of your mother and if the account was a joint tenancy account, then one half of the account would go to her creditors and the other half which was already given to you beforehand as a gift is yours to keep.
However, if you were able to receive the entire account only upon the passing of your mother where it was not a joint tenancy account, then the entirety goes to the creditors of her estate to pay them off.
If your mother has a Will, you need to probate it. Some courts have a process for small estates, less than $100,000 to expedite the process. If she had no Will, you have to file a petition to administer her estate.
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.