Legal Question in Wills and Trusts in Virginia
Beneficiaries named in will
Beneficiaries named in a Will in many cases receive property and/or money from the decedent as specified in the Will. What if the Estate of the decedent exhausts its property/money supply, but legitimate bills (debts) remain that should be paid by the Estate? Can those same named beneficiaries also be made responsible to assist in paying such debts?
2 Answers from Attorneys
Re: Beneficiaries named in will
No, the beneficiaries named in the will cannot be held responsible for debts which are chargeable to the decedent's estate irrespective of whether or not there are sufficent assets in the estate to pay them.
Re: Beneficiaries named in will
Also, be prepared for debt collectors to call you and lie to you. They will say that you must pay. THey may say all kinds of things. You must be prepared to ignore them. Make sure they have your correct address so that you do not get called into court and FAIL to get NOTICE of the court date. But they cannot make you pay for the decedent's debts.
The exception would be if you had a joint account with the decedent, or if they could PROVE (unlikely) that the decedent was buying products or services that YOU enjoyed. For example, the decedent was paying the rent and you were also living there. Or the decedent was paying on a car which you were primarily driving. It would be hard for them to collect from you, but not impossible. THey would have to prove the circumstances which might be very difficult for them to do.
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