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2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: My late father has unclaimed money being held by the Commomwealth of Mass. I understand he may have died in debt

1) If I claim the money do I also assume the debt?

2) If so, can the debt be for more than the claim?

3) He was divorced at the time of his passing. Would an ex-wife be considered a surviving spouse? She passed after him

Travis Jackson
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answered on Aug 15, 2024

To claim the money you will need to be Personal Representative or Voluntary Administrator (for smaller estates) of his Estate. If you are, you will not assume his debt individually, the Estate would, the Estate needs to pay liabilities prior to distributing to its beneficiaries. If you have been... View More

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