Q: married person has debt in only their name, but there is a trust, once they die is the spouse responsible for that debt
MIL mother in law just died. FIL Father in law, is in a rehab facility they both caught covid a day apart. There is a trust stating all assets go to FIL if MIL passes. The family is worried about credit card bills only in MIL name. Do we notify the CC companies of her death? Will her debt be FIL responsibility? How do we find out her bank accounts etc.? The trust has a poa for their daughter if FIL is incapacitated. We don’t know if her retirement pension now goes to FIL. Kind of stuck at what to do next. Their daughter thinks if we tell the CC companies she died, they will get a judgement for her debt or will have the bank account to frozen
A:
Are you writing questions for the Bar exam? Sorry for your loss. You need to consult with an attorney specializing in Probate and Estates. MIL estate is the NET of her assets minus her liabilities. She cannot just pass the plus to the FIL and avoid all her creditors, but you need help straightening all this out. Do not notify anyone until you have spoken with an attorney. It takes a while to get a judgment, even for small claims.
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