Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?
She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.
Can the card holders go after my wife to pay here debt?
A: I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her mother's debt. Since I am not licensed in Texas, I cannot make that determination with any authority and I strongly suggest that you speak to a a Texas-licensed attorney.
A:
We do not inherit our parent's debts.
If the parent has assets and the estate is administered, creditors can make claims against the estate. There is a statutory pecking order for payment--and the government comes first!
Good Luck
d
A: No. Not unless she signed on any of the debt.
A: In Texas, if your wife is not an authorized user on any of these debts, she is not responsible for them when your mother dies.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
