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
A: 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 appointed the Personal Representative of his Estate previously by filing a Probate in Massachusetts and the one year creditor period has passed, any creditor will have difficulty collecting. An ex wife is not a surviving spouse.
Michael M Marques agrees with this answer
A: I agree with my colleague, Attorney Jackson. This would be the responsibility of a Personal Representative, who would have the Estate pay any liabilities prior to distributing any remaining assets to it's beneficiaries.
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