Q – My mother is very ill, and I know that she has debt that was acquired by her and my father before he passed away. Will her children be responsible for paying off her debt when she passes away?

A – In your mother’s case, any shared debt with your father, would have been passed along to her in probate; especially if she was the sole beneficiary of his estate (or all assets were shared). Children are not directly responsible for the debts of their senior relatives, however, debts owing may first be deducted from the senior’s estate before distribution during probate, decreasing or eliminating completely the assets left to beneficiaries of the will or trust because when creditors are unable to collect debts during a senior’s life, seniors remain responsible even after they are deceased. If after your mother’s death, her estate demonstrates insufficient assets to pay off her debts, the creditors will be forced to take a loss; however, you and your siblings will not be responsible for paying her debts.

The only other situations where the survivors of a senior’s family may be responsible for the debts, are if they co-signed on a loan, or guaranteed payment to a creditor.

Sources:
1. Lawyers.com
2. Money Tips
3. Wikipedia