Legal Question in Wills and Trusts in Pennsylvania

Re: Adult child - no will / debts

What you are describing is an insolvent estate - one that does not have enough assets to pay the debts. Neither parents of the adult nor the significant other are legally liable for the debts of the decedent.

Without a will, someone will have to administer the estate. A family member could be appointed, but then is required to undertake the duties of administering the estate, even if there are no assets.

With no assets in the estate, or insufficient assets to pay debts (which include medical expenses of final illness, funeral expenses, costs of estate administration, and PA inheritance tax if there would be any), family and other people close to the decedent may be better off just letting creditors apply to be appointed as administrator, Creditors have the right to do this, to enable them to collect their debts when there are assets.

Re: Adult child - no will / debts

No, only his estate is liable for his debts. The

estate will include all property that must by

state law pass under the will, so called probate

property. Some money available at death, like insurance

proceeds will not pass this way and can be retained by

the beneficiary. The administrator (no will) or executor

(dies with will) must gather up all probate assetts and pay

the liabilities including any estate tax or taxes that were

due but not paid on the date of death. If the liabilities

exceed the assetts, then some debt will remain unpaid.

How this all gets prioritized is a matter of probate law and is

something that a lawyer should be consulted about. The personal

representative (administrator or executor) is not personally

liable for any of the debts if they follow the law.