Full question:
My father died Jan '09 with a will, appointing me executrix and leaving everything to my sister and me evenly split. Unfortunately, the will was hand written w/ no witnesses and no notarization. So the clerk of the court declared the will invalid, but said it didnt matter because my sister and I were heirs-at- law by Virginia state law anyway(Our mother passed away ten years ago). He had a car loan and outstanding debts on several credit cards. My husband and I took care of the car loan because we did not want the car to be repossessed, but he also had credit cards with outstanding balances of $14,000, $2500 and $490, plus a few other smaller ones. None of the credit cards had credit card insurance on them. Are we liable for those debts? He does have a house which we just recently put on the market, but we have no idea how much we will get for it or when it will sell. Would really appreciate some guidance on whether or not we are legally liable for the outstanding debts and if we have to pay them off from the proceeds of the sale of the house.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Virginia
Answer:
An intestate estate refers to the part of a decedent's estate not disposed of by a valid will, which passes to heirs according to state intestacy laws. When someone dies without a valid will, a probate court appoints an administrator to manage the estate, including paying debts and distributing remaining property.
In Virginia, if a person dies without a valid will, their estate is distributed according to intestate succession laws. This means that heirs, like you and your sister, inherit property even if there is no valid will.
Regarding your father's debts, generally, you are not personally liable for his debts unless you co-signed or guaranteed them. The estate is responsible for paying off debts from its assets. If your father's estate includes a house, the proceeds from its sale can be used to pay off his debts, including credit card balances. However, if the estate does not have sufficient assets to cover the debts, creditors may not be able to pursue you or your sister for payment.
It’s important to check how the house is titled. If it was owned jointly or in a way that allows it to pass outside of probate, it may not be included in the estate's assets. In such cases, the estate may not need to pay debts from the house proceeds.
For specific guidance, consider consulting a local attorney who can review your situation and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.