When my mom passed last year, I failed to contact the county in which she resided to have her will go through probate. I am now facing the imminent passing of my father at some point and am now worried I did something wrong in not doing anything with my moms will. I have read where wills need to be put through probate in the county the person resided in at time of death. Therefore my moms will need to go to NC, and my dads would need to be done in VA. Which means one wont know what the other is doing (I will let them know, but i have a feeling it is going to cause a lot of confusion). They will have some medical debts that need to be taken care of that has not been paid out. What will happen #1 because I didnt do anything with my moms will at the time of her death and #2 the outstanding debts? There isnt a lot of money coming to anyone as they didnt have much as well as the fact that he is living off the money for his care. Would appreciate any advice. Should I contact an Elder Attorney before my father passes? If I put my moms will through probate now will that freeze the money my father has in the joint account with my moms name still on it? Thanks!
2 Answers
Helpful Newest
First Oldest
First
However, you don't state who the Personal Representative (or Executrix/Executor) was. Was that you, or your father?
Without knowing more about the assets and bequests of either of them, I think your best bet would be to consult an estate planning or elder law attorney. It'll clarify the situation and hopefully give you peace of mind. With your father apparently in the end stage of life, this would at least free you from worrying about an issue that might in fact not be an issue.
As to your mother's debts, are there sufficient funds in the remaining assets to pay them, or will this be a problem? Was there some reason they weren't paid? Sometimes creditors will write off remaining unpaid balances, but it depends on the specific creditor (such as a doctor vs. a credit card issuer) as well as the amount.
Raise this issue as well with an attorney if you see one.
ADVERTISEMENT