Full question:
I sign papers at a nursing home for my mother who has Alzheimer's. Am I responsible for her debts in the event that she passes away?
- Category: Debts and Credit
- Date:
- State: Texas
Answer:
The answer will depend on the nature of the papers you signed and whether you signed papers agreeing to be a cosigner, guarantor, or surety of the payments owed to the nursing home. A deceased's debts should be paid with the property in their estate (the property left at their death). Children don't inherit their parent's debts unless they created a co-signor/guarantor/surety/joint account relationship to the debt, so that the child's name is on the debt also, and it isn't a separate debt. We suggest you read the terms of the documents carefully to determine whether you agreed to be a responsible party.
Only after the debts are paid will the remaining assets be distributed among the beneficiaries of the will. Be advised that when a child inherits property that is collateral for a debt -- for example, a car that is not paid for or a house with a mortgage -- the debt comes with the property. If there is insufficient money or assets to pay all creditors, then the estate must be divided up as equally as possible, with secured creditors receiving priority. This means that if the deceased parent died with little or no money in their accounts and didn't own a home, unsecured debt, such as credit card debt will not be paid to the creditors.
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.
