If my mother passed away and she had some debt, are my siblings and I required to pay it?

UPDATED: Oct 27, 2014

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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


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 8 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

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