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Estate planning, hope this helps
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r82230
Posted 4/6/2025 06:45 (#11177477 - in reply to #11177306)
Subject: RE: Estate planning, hope this helps



Thumb of Michigan
JD4230 - 4/5/2025 21:42

It's really none of my business so feel free not to respond, but are the children liable for all of her liabilities?


Based on Michigan probate:

Generally, NO, non-spouse heirs are not responsible for liabilities IF they are not jointly held. Creditors of the estate will run into a STOP sign after probate is completed (if probate is done that is). This is the reason you see notices in a local paper regarding probate, that's the time for creditors to come forward with their claim. This notice goes out at the beginning of probate, with some time period allowed for creditors to respond. Once probate is completed, creditors of the deceased are SOL.

According to most Fed/State rules that I'm aware of, the order of who gets paid:

1) Undertaker (if funds available from estate, if not undertaker might not take the job until someone pony ups $$$)
2) IRS (if funds available from estate)
3) Legitimate creditors
4) heirs (according to state laws if no will/trust is in place, usual pecking order is children, then parents, then siblings, etc. of deceased)

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