Dear Worried , In most cases when a person with debt dies , it ’ s their estate , not their kids , that is legally responsible . Here ’ s how it works .

SANDOVAL COUNTY HISTORICAL SOCIETY MAY 21st MEETING TIMECHANGE .

The Sandoval County Historical Society has changed the time of it ’ s May 21st meeting . The usual time for the meeting is at 2p . m ., but for this May 21 meeting it will start at 3p . m .

When your mom dies , her estate – which consists of the stuff she owns while she ’ s alive ( home , car , cash , etc .) – will be responsible for paying her debts . If she doesn ’ t have enough cash to pay her debts , you ’ ll have to sell her assets and pay off her creditors with the proceeds .

Whatever is left over is passed along to her heirs as dictated by the terms of her will , if she has one . If she doesn ’ t have a will , the intestacy laws of the state she resides in will determine how her estate will be distributed .

If , however , she dies broke , or there isn ’ t enough money left over to pay her “ unsecured debts ” – credit cards , medical bills , personal loans – then her estate is declared insolvent , and her creditors will have to eat the

loss . “ Secured debts ” – loans attached to an asset such as a house or a car – are a different story . If she has a mortgage or car loan when she dies , those monthly payments will need to be made by her estate or heirs , or the lender can seize the property .

There are , however , a couple of exceptions that would make you legally responsible for her debt after she passes away . One is if you are a joint holder on a credit card account that she owes on . And the other is if you co-signed a loan with her .

NOTE TO SPOUSES : These same debt inheritance rules apply to surviving spouses too , unless you live in a community property state – Arizona , California , Idaho , Louisiana , Nevada , New Mexico , Texas , Washington or Wisconsin . In these states , any debts that one spouse acquires after the start of a marriage belongs to the other spouse too . Therefore , spouses in community property states are usually responsible for their deceased spouses debts . Protected Assets If your mom has any IRAs , 401 ( k ) s , brokerage accounts , life insurance policies or employer-based pension plans , these are assets that creditors usually cannot get access to . That ’ s because these accounts typically have designated beneficiaries , and the money goes directly to those people without passing through the estate . Settling Her Estate You also need to be aware that if your mom dies with debt , and she has no assets , settling her estate should be fairly simple . Her executor will need to send out letters to her creditors explaining the situation , including a copy of her death certificate , and that will probably take care of it . But , you and your brother may still have to deal with aggressive debt collectors who try to guilt you into paying .

If your mom has some assets , but not enough to pay all her debts , her state ’ s probate court has a distinct list of what bills get priority . The details vary by state , but generally estate administrating fees , funeral expenses , taxes and last illness medical bills get paid first , followed by secured debts and lastly , credit card debts . Need Help ? If you have questions regarding your situation , you should consult with a consumer law attorney or probate attorney to get help . Or , if you just need a question or two answered , call your state ’ s legal hotline ( see legalhotlines . org ), which provides free phone advice .

Send your senior questions to : Savvy Senior , P . O . Box 5443 , Norman , OK 73070 , or visit SavvySenior . org . Jim Miller is a contributor to the NBC Today show and author of “ The Savvy Senior ” book .

Andrew Mora , Our Lady of Sorrows Spanish Choir Director for the past 42 years and his wife

Margaret will be honored for all their contributions they have made through music . Their commitment to play for Sunday masses , Weddings , fiestas and funerals has spanned over those 42 years in Bernalillo and other communities . Andrew also directed the choir , whose Comanches music was recorded for Smithsonian Folkways in 1992 . Andrew and Margaret were also instrumental in the Posadas and in teaching the youth from the parish to dance the “ Indita ” for Posadas de Los Comanchitos in Bernalillo . These reenactments symbolized the spiritural aspect of their faith , as well as celebrations that honored relations of war and peace with the Comanches . The Moras continue to be active at Our Lady of Sorrows Catholic Church .

From Hwy 550 Turn north on the gravel road beside the new I-Hop continue to the end .

This announcement sponsored by the Town of Bernalillo

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