QUESTIONS? CALL: +1 (727) 847-2288
  • Meet our Staff
  • Attorney Profiles
  • Schedule an Appointment
  • Download Forms
  • Client Pay

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Our firm takes a genuine interest in our clients, understands their objectives and meets or exceeds their expectations in a timely manner. We strive to provide superior legal services and maintain the highest standards of professional integrity.

T (727) 847-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652

Open in Google Maps
  • Real Estate
    • Title Insurance
    • Contract to Closing
    • Contract Preparation & Review
    • Deeds
    • Buyer Representation
    • Seller Representation
    • Loan Modification Agreements
    • Mobile Home Title Transfers
    • Vacation of Easements
    • Rezoning
    • Mortgage & Note Preparation
    • Leases with Option to Purchase
    • Leases – Residential & Commercial
  • Probate
    • Trust Administration
    • Estate Administration
  • Estate Planning
    • Avoiding Probate
    • Medicaid Planning
    • Designated Health Care Surrogate
    • Durable Power of Attorney
    • Trusts
    • Wills
    • Healthcare Surrogate
  • Litigation
    • Condemnation
    • Boundary Dispute
    • Partition Action
    • Suit to Quiet Title
    • Defendant
    • Plaintiff
    • Eminent Domain
    • Land Use & Zoning
    • Contract Disputes
    • Evictions / Collections
    • Loan Modification
    • Foreclosure / Foreclosure Defense
  • Corporations
    • Preparation of Corporate minutes
    • Formation of Corporation or LLC
    • Partnership Agreements
    • Corporate Contract Preparation & Review
    • Purchase of Business
    • Sale of Business
  • Videos
    • About Us
    • Estate Planning
    • Guardianship
    • LLC’s and Corporations
    • Medicaid Planning
    • Probate
    • Real Estate
    • Real Estate – Buying
    • Real Estate – Selling
    • Real Estate – Foreclosure
    • Trusts
    • Wills
  • Testimonials
Wednesday, 18 May 2016 / Published in Probate, Videos

Who Is Responsible For The Debts Of A Deceased Person?

Video Summary

 

Who is responsible for the debts of a deceased person? The deceased person is – if they signed for a service or a credit card, they’re the ones that have the liability and, therefore, if they have an estate, their estate assets are the ones that would have to be used to pay their creditors. If no one has signed as a co-obligor, or to be responsible along with the deceased person, then there isn’t anyone that has to pay the debts.

 

So if you have a loved one, or any person who’s passed away, and they have a will and you’re named as a beneficiary or the personal representative, you need not worry about being responsible for their debts. That’s the whole purpose of the probate process, wherein you send out – open up a probate estate proceeding with the Court. You send a notice to the reasonably ascertainable creditors – which you check the mail, and if they sent a bill – sent ’em a bill – and you send them a notice that they’re to file a claim within the probate proceeding, or in the Court proceeding. And so they have three months in which to do that from the date that the first notice is published. So it’s important that you send ’em this notice.

 

And so then, once the estate is wound up, you put the claims in a category. And there’s priority as to which claims which get paid first out of the estate assets. The first category of claims that gets paid first is the fees of the personal representative and the attorney who are handling the administration of the estate. Next in line is the funeral bills, and the bills of the last illness, and burial. Then we have – you have the federal tax liens – if there’s any taxes that they owe – and then you go on down any number of other categories.

 

Credit cards and general bills are a Class 8 creditor. So the first money out of the estate, before anything’s paid to the beneficiaries, is paid to the Class 1, 2, 3 creditors, in that order. If there aren’t enough assets to pay all the creditors, the creditors do not get paid, or they get paid pro rata, meaning that they only get a portion of their claim.

 

The personal representative, or the executor –we now call them personal representatives – has no personal obligation to pay those bills, with the exception of the Internal Revenue Service, which they need to take certain precautions to verify what the tax bill is. But if they do that, they’re not responsible for the new taxes. And so the beneficiaries nor the personal representative has any personal liability whatsoever for a deceased person’s bills or debts.

 

Now if, however, you – like, say, in the – if you have a spouse that passes away and you’ve signed on the credit card or signed any bills that you’re a responsible party, or agreed to be obligated, well, you have continuing obligation because you signed along with the deceased person to be obligated for that.

 

But that’s a question I often get asked, is, “Am I responsible for my spouse’s debts when they pass away?” And the answer is no. You’re not, not unless you signed to be responsible. That even includes their hospital bills and any other bills that they have liability for. That is with a big asterisk, there, that says, “unless you signed and said that you would be responsible for them.”

 

So if you have – if there’s a person who’s passed away and they have lots of bills and have few assets, and you’re the beneficiary, well, don’t hesitate to call me, and I’ll be glad to discuss the probate of the will. There are certain assets which are exempt from the claims of the creditors.

 

So give me a call at (727) 847-2288.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEATURED VIDEOS

  • How Do I Make Sure All My Assets (Real Estate, Bank Accounts, Investments) Are Properly Transferred into the Trust?

  • How Can I Legally Require My Neighbor to Move a Fence, Structure, Or Landscaping That Crosses onto My Land?

  • How Are Taxes Handled with Trusts Will My Beneficiaries Owe Taxes When They Inherit?

  • Do I Need a Separate Will for Digital Assets Like Social Media Accounts, Crypto Wallets, Or Online Businesses?

  • What Estate Planning Steps Should I Take If I Own Multiple Properties or Out of State Property?

  • Can I Include Instructions for Personal Items Like Jewelry and Heirlooms Separately from the Will?

  • If I Plan to Renovate or Build on the Property, What Permits or Legal Approvals Do I Need?

  • How Do I Choose a Reliable Executor, and What Responsibilities Will They Have?

RELATED VIDEOS

About Us About Waller education real estate Waller
SUGGEST A VIDEO TOPIC

SIGNUP FOR NEW VIDEO NOTIFICATIONS

Keep up to date with our videos. We will notify you of any new video added via email.

Quick Links

  • Buyer Representation
  • Contract to Closing
  • Deeds
  • Leases w/ Option to Purchase
  • Leases – Residential & Commercial
  • Loan Modification Agreements
  • Mobile Home Title Transfers
  • Mortgage & Note Preparation
  • Contract Preparation & Review
  • Rezoning
  • Estate Administration
  • Trust Administration

Our Misson

“We Care”

Signup for our Newsletter

GET IN TOUCH

Tel: +1 (727) 847-2288
Fax: +1 (727) 848-4183
Toll Free: +1 800-304-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652-2509

Open in Google Maps

  • Legal Terms
  • Website User Agreement
  • Privacy Policy
  • Legal Notice
  • GET SOCIAL
Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

© COPYRIGHT 2010-2022 RDWALLER.COM

TOP