Q: Mother accrued a lot of medical bills throughout her lifetime due to illness. She didn’t own anything but a vehicle and some personal belongings so her estate will not have much to pay back her debt. Her estate would mainly be medical bills prior to her getting on Medicare and Medicaid. Will her kids be responsible to pay those bills now that she has passed? Can they garnish our personal assets? (Beechview, PA)
A: Generally, person A is not liable for person B’s debts when person B dies, unless person A signed as a guarantor on a contract. However, PA does have a filial statute that holds next of kin liable for the debts of an indigent family member. However, in my practice, I have not seen it enforced. You may or may not want to open an estate. I would consult with an attorney with whom you can share all the facts before making that decision.
ESTATE LAW, PROBATE, DEBTS, FILIAL RESPONSIBILITY