Will beneficiary monies

UPDATED: Sep 30, 2022

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Will beneficiary monies

If a beneficiary of a will has medical bill and credit card debt, is
he entitled to the monies or will they go to his debtors?

Asked on February 7, 2017 under Estate Planning, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The money does not necessarly automatically go to the creditors (the people to whom you owe money are your "creditors"; the person who has money is a "debtor"), unless  there already was a court order in place that the money be sent instead to a creditor. However, the creditors will certainly have a claim on that money, and if they become aware of or suspect it, can take collections actions, like trying to have it garnished or executed upon, to get it. The money will go to the beneficiary unless the creditors specifically act to get it, or a court orders it.

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.

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