Legal Question in Wills and Trusts in Arizona

Moms debts

Our mom recently died, and we are wondering if we are required to pay off her debts to credit card,IRS, etc, if our names aren't on the accounts? If not, what are we supposed to do?


Asked on 5/25/09, 2:43 am

2 Answers from Attorneys

Gloria Meyer Meyer Law Office

Re: Moms debts

Your mother's debts must be paid by her estate if there are sufficient assets. After the debts are paid, any remaining assets should be distributed according to your mother's will if she left one, or according to state law if she did not have a will. You will need to open probate and have someone appointed as the personal representative in order to do this. You may contact me by email or phone if you would like to discuss this further.

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Answered on 5/26/09, 1:37 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Moms debts

You are not liable for your mother's debts or taxes. If your Mom died without any assets, ie. a house, car, bank account, valuable personal property, and only has debts, then there would seem to be nothing to do. However, if Mom died with assets, then you should petition for probate of her estate and appointment of one of you as personal representative of the estate. The PR would then have legal authority to gather up the assets of the estate, liquidate the assets and pay the bills, debts and taxes, and then distribute the remaining assets according to Mom's last Will or according to state law.

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Answered on 5/25/09, 3:48 pm


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