Full question:
I live in Pa. my brother lived in Va. He passed away over a year ago, and I was the beneficiary of his life insurance policy, which I used to pay all his funeral and burial costs. There is a small amount left. The executor of his will received all the rest of his possessions, which included a house, car, bank account, and all his personal belongings. My brother was very ill. He left many medical bills. A year has gone by, and the executor of the will is trying to sell the home to his significant other, and cannot do so because of the medical bills. He said that because I am an heir, I am liable for these medical bills. Is this so?
- Category: Wills and Estates
- Subcategory: Creditors of Estate
- Date:
- State: Virginia
Answer:
You are not personally responsible for your brother's debts unless you have assets belonging to the estate or owe a debt to it. The estate's assets are used to pay creditors before any distribution to heirs. According to Virginia law, heirs can be sued for debts the estate owes, but only if the estate's assets are insufficient to cover those debts (Va. Code § 64.2-536).
Furthermore, if an heir sells estate property that should be used to pay debts, they may be liable for its value (Va. Code § 64.2-534). The order of debt payment from the estate is also specified by law, starting with administrative costs and funeral expenses, followed by medical bills (Va. Code § 64.2-528).
In summary, as an heir, you are not liable for your brother's medical bills unless the estate cannot cover them and you have received assets from the estate.
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.