My mother has taken on a lot of medical and credit card over the past few years and I'm worried that my brother and I will be responsible for it when she dies. What can you tell me? In most cases when a person with debt dies, it's their estate, not their kids, that is legally responsible. Here's how it works. When your mom dies, her estate -- which consists of the stuff she owns while she's alive (home, car, cash, etc.) -- will be responsible for paying her debts. If she doesn't have enough cash to pay her debts, you'll have to sell her assets and pay off her creditors with the proceeds. Whatever is left over is passed along to her heirs as dictated by the terms of her will, if she has one. If she doesn't have a will, the intestacy laws of the state she resides in will determine how her estate will be distributed. If, however, she dies broke, or there isn't enough money left over to pay her "unsecured debts" -- credit cards, medical bills, personal loans -- then her estate is declared insolvent, and her creditors will have to eat the loss.
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