Legal Question in Wills and Trusts in Pennsylvania
My life will be coming to a premature and possibly painful conclusion within the next few months. I'm divorced and have no children. My only assets are my home, my car and my personal property -- I have no savings, no investments, no pension, no Social Security. Lately I haven't been able to earn any income, so I've run up large debts on several of my credit cards.
I'm thinking about selling my home and having the proceeds -- perhaps as much as $40,000 -- sent directly to my sister; having the title to my car transferred to her; and giving her whatever personal property items she wants, with the rest going to the Salvation Army. That way I will own virtually nothing when I die. I will owe perhaps $25,000 to $30,000 to the credit card companies.
Will the credit card companies be able to force my sister to pay my debts when I die shortly after giving everything to her? Will they even be able to find out that I've given everything to her? Would it help if I prepared a will saying that I'm giving nothing to anybody because I don't own anything?
1 Answer from Attorneys
First, I am sorry to hear about your situation.
What you are proposing is considered a fraudulent transfer - one made to defraud creditors. The credit card companies will be able to find that you have transferred your assets and to follow the proceeds to try to recover what is owed to them. A will such as you propose would not make a valid disposition of your estate. And you would know that you engineered your not owning anything.
Might you reduce some of your psychic pain by trying to negotiate with the creditors?
Even if you do not resolve the credit card debt, your sister would not become responsible for your debts if the assets remain yours. Upon your death, those assets would be part of your estate, and available to pay off all of your debts, including your final expenses and taxes you might owe, etc.
Your estate would have to be administered, and assets could not be distributed to your heirs [with or without a will] until all debts are satisfied. If your estate will be insufficient to pay all of the debts, it would be deemed "insolvent". There is a statute that governs priorities of debts, and payment of debts would have to follow that hierarchy. Any debt remaining would not have to be paid out of anyone else's assets. So long as the personal representative of your estate follows the process required to administer the estate, the personal representative would not have any personal liability.
My best wishes to you.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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