March 2007

Monthly Archive

Are Beneficiaries Responsible for Debts left by the Deceased?

Summary

In Florida, are adult children named as beneficiaries in a will responsible for the debt left by a parent? My father died with $4000 in his checking account and $44000 debt to a nursing home. He did not own any property at the time of his death. His nursing home bill was being paid by his health insurance and Medicaid.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“In Florida, are adult children named as beneficiaries in a will responsible for the debt left by a parent? My father died with $4000 in his checking account and $44000 debt to a nursing home. We are besieged with paperwork from the state and the nursing home needing more and more information. We are not interested in claiming any of his estate and the nursing home is welcome to any of his assets. We paid for his funeral expenses out of pocket.He did not own any property at the time of his death. His nursing home bill was being paid by his health insurance and Medicaid.”

Condolences on your loss. My own grandmother passed away last year in Florida in similar financial circumstances.

Generally speaking, heirs are not responsible for the debts of the decedent; those responsibilities lay with, and end with, the estate. Once any monies in the estate are gone, the creditors have to seek payments from insurance companies and/or Medicare.

Even the simplest estate matters, especially in Florida, are best handled by a probate attorney. You should get one ASAP, and his fee should be more than covered by the cash on hand. This doesn’t sound like a complex case, thus an attorney should be able to handle this for you easily and cheaply. He will also explain how to make sure that his fee is paid out of the remaining cash in the estate, so that you aren’t out of pocket. Get a probate attorney; you’ll be happy you did.


Ray Everett-Church is a privacy and security consultant with PrivacyClue LLC and is co-author of "Internet Privacy for Dummies" Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Ex Moved Out of the State and Applied Again for Child Support, Now I Owe Back support, What Should I Do?

My child support case was set up in CA. Then my ex wife moved to AL. She applied for AL child support. My ex say I owe back child support. Child support is garnished from my paychecks so I provided NC with copies to prove that I have paid. Months later AL is still sending me letters stating I owe back support. I’ve written letters asking for a case review, and have heard nothing. Sent emails, called. I don’t know what to do now.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My child support case was set up in CA. Then my ex wife moved to AL. She applied for AL child support. Then AL turns the case over to NC. My ex say I owe back child support. Child support is garnished from my paychecks so I provided NC with copies to prove that I have paid. NC faxes all info to AL. Months later AL is still sending me letters stating I owe back support. They are adding interest every month. I’ve written letters asking for a case review, and have heard nothing. Sent emails, called. I don’t know what to do now.”

You may need the judge to take a look at it. Get your case set for an arrearages review. Have all your documented proof for payments formatted in an easy to read declaration, so you look serious and organized. An excel spreadsheet with amounts owed and amounts paid by month, supplemented with canceled checks attached to a declaration under penalty of perjury that the information is accurate. The Court will be able to make an ultimate order regarding arrears.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.