Legal Question in Wills and Trusts in Wisconsin

My father died with no will in wisconsin. He owes alot of money and left no assets and no will. All he had was his retirement as me as beneficiary. Can creditors take that retirement money from me or am i liable for his bills?


Asked on 12/01/09, 6:38 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Children and other relatives of deceased persons normally do not have an obligation pay bills which they leave behind except to the extent that the inherit assets. Retirement account payouts at death may not be considered inherited assets, depending upon what type of account it was. Such funds often pass outside of probate without any responsibility to the creditors of the deceased, since naming a beneficiary is more or less viewed as a transfer which occurred while the deceased was still alive. Bills which arise after death, however, such as funeral expenses for which you make arrangements or sign contracts, certain taxes and expenses of estate administration can remain enforceable obligations upon which you may share legal liability with the estate of the decedent (such things would normally be paid first, "off the top" of the estate, if any). Other bills incurred prior to death are normally also paid from estate assets prior to any distribution of leftover amounts to relatives. I would recommend that you promptly have a consultation with an experienced probate attorney. Other than advising you to immediately get a lawyer, my comments here do not constitute legal advice and do not create an attorney/client relationship between. However, you are more than welcome to contact me via my direct email address posted here or by phone in order to discuss arrangements for me to possibly accept your case for full representation.

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Answered on 12/09/09, 4:13 pm


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