After the death of my father, my mother of 82 has become deeply in debt and will most likely leave this world in debt. We both live in State of Florida. She has a Living Will in which I have been designated executor. I have never co-signed any of her credit cards or bank loans. In the future, upon her death, any monies she may have would naturally need to be distributed to her debtors. Would I have any responsiblitity for assuming any of her debt payments?

You will have to check with specific state law but in most xases you DO NOT get the debt. It belongs to the estate. If the estate is penniless then there is nothing more to collect. Is your mom of sound mind to make financial decisions at this time ?

Well first a living will does not make you a executor, it only gives you the right to decide their healthcare choices if they can not. If there is a real WILL, that can name you as executor. A executor only pays out what money and property the other person has to their debt. You do not pay your money. So you may have to sell her home, her car and pay off debts according to state law, normally secured debts first after funeral costs.

Now allot of those collection agenies will try and lie to you about you owing them, they willl try and get your address, your social, don't give them anything, I advice using a paid mail box for all legal mail after her death and do it all by mail, never give them your phone number

Or you could even pay a lawyer to take the calls from collection agencies and you won't have to deal with it at all. The cost should be minimal and most will do it for a flat fee. All they are doing is saying " no there isnt any money "

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Originally Posted by bobnsue

After the death of my father, my mother of 82 has become deeply in debt and will most likely leave this world in debt. We both live in State of Florida. She has a Living Will in which I have been designated executor. I have never co-signed any of her credit cards or bank loans. In the future, upon her death, any monies she may have would naturally need to be distributed to her debtors. Would I have any responsiblitity for assuming any of her debt payments?

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I'm confused - the document commonly called a living will enables your mother to appoint someone to make her health care choices. Has nothing to do with her estate.

Upon her death her debts die, also - you are not responsible for them unless, as you said, you are a co-signed or have assumed responsibility.

Appreciate the info from all. Helps a lot. I made one error in my previous question - my mother has a Living Trust, not Living Will.