Do I Have to Pay My Mother's Debt When She Dies?

When a person dies leaving debt, that debt is often paid --- either partially, or in full --- depending on the amount of the deceased person's remaining assets. Typically, a child is not personally liable for their deceased parent's debts and is not expected to pay any debts with their own money. Usually, the only impact a deceased's parent's debt has on children is a reduction in the amount children inherit.

Probate

If your mother's estate is large enough to be probated, her debts will be paid during the process. In probate, the executor --- either someone the court appoints, or the person named in your mother's will --- has a duty to notify all of her creditors. Once this occurs, her creditors have a certain amount of time in which to file a claim. If the probate court approves the claim, the executor must pay the claim using money from your mother's estate assets.

No Probate

Often, a deceased person's estate won't go through probate if the remaining assets are insignificant. If your mother's estate is not being probated, whoever is handling her estate (i.e., the executor) should pay her debts. However, if there's not enough estate assets to pay her creditors, her creditors simply don't get paid. Because these debts were hers, you are not personally responsible for paying them with your own money. The same is true even if her estate is probated.

Executor's Duties

If you were named as the executor of your mother's estate in her will, and she left enough money to pay her creditors, you will be required to pay these debts using her remaining assets. Although you are not required to use your own money to pay her debts, the money you would otherwise receive through inheritance will be reduced because inheritance is not distributed until after debts are paid.

Medical Bills

In some states, children or other family members might be responsible for paying any remaining medical bills left by a parent, using their own money. You might be responsible for your mother's medical bills because children are considered beneficiaries of their parent's medical procedures; however, this is not true in all states. It's important to research the laws of your particular state to know whether you might be responsible for your mother's medical bills. It's also advisable to consult an attorney if your mother's creditors call you in an attempt to collect on her debt after her death.