My father passed recently and I guess his stuff will be going to probate. My question is about his debts. Under estate law in Massachusetts don't his debts end when he dies? In other words, if he owes money on his mortgage and credit cards (he does, lots) don't those debts go away when he dies? Thanks for your help
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Debts of Decedent
Generally, the debts of the decedent do not die with him or her. Unsecured creditors (for example - credit cards) have one year from the date of death to properly present their claim against the estate. The process is very rigid, and the creditor must exactly follow the statutory requirements or else they will not be able to collect against the estate (i.e. against the probate assets). If you are able to access Mass General Laws, you will want to review MCL c. 197 § 9.
Secured creditors (such as a lender who holds a mortgage on a house or is holding the title to a car) are a completely different story. Those lenders will not be subject to the same one year period. There are other exceptions to the one year period as well. And do not confuse debts of the decedent (those existing at the time that the decedent died) with the debts of the estate (those that will be incurred post death, such as funeral, legal, accounting, etc). The latter are not subject to the same one year rule. I have to tell you that accepting appointment as executor in this situation has many, many potential traps-for-the-unwary.
You should either hire an experienced attorney to guide you through the process, or proceed with extreme caution. If you act property as executor, you will not have personal liability for your father debts. But if you do not act properly, then you CAN have personal liability for your father's debts. Wish that I had better news. Good luck
Attorney Peter Bernardin