Mortgages, loans, credit cards, even medical bills…nearly every wills and estates lawyer in Northwest Iowa is asked about what happens to a person’s debt when they die. So, in this, our first post in the “Frequently Asked Questions” [FAQ] series, we’ll answer the question: “What happens to a person’s debts when they die?”
Two possible scenarios play out when someone dies with debt. Both require the effort of the Personal Representative (or executor) and are based on the assets in your estate.
Solvent – It’s not Just a Cleaning Chemical
First, if your estate in Northwest Iowa is solvent, then debts will be paid from that before heirs get their share. “Solvent” refers to the fact that the assets of the estate add up to be worth as much as or more than the amount of debt owed. A simple example: if the deceased’s estate is worth $50,000 and he or she has debts totaling $25,000, the estate would be solvent. After the debt is paid off, the remainder of the estate can be distributed to the heirs.
If, however, the estate doesn’t hold enough value to pay for outstanding debts, it is considered “insolvent.” In these cases, the Personal Representative will have to spend some time going through the debts, possibly with an attorney, to prioritize which debts get paid first, in full, partially, or not at all. There are state and federal laws which help to determine how this process works. For example, state and federal regulations may state that medical bills take priority over credit card debt
In situations where the estate is insolvent here in Northwest Iowa, the heirs will not be entitled to the assets, even if there was a will or trust in place. On the other hand, they do not have to take on the responsibility of paying for the debt, which is at least a relief. Still, it can certainly be a disappointment to discover that the home or other assets your kids expected to inherit will have to be sold off to pay for debts instead.
How Does This Affect You?
According to USA Today, more and more baby boomers and seniors are living in debt. There are several potential reasons for this, from medical and funeral expenses to unrealistic expectations about what is “deserved” at that point in life. Unfortunately, the final outcome often ends up costing your heirs some or all of their inheritance. In some states adult children may even be expected to pay outstanding nursing home costs.
In order to ensure that your estate is solvent—or better yet, to leave no debt behind for your Personal Representative and heirs to deal with—it’s a great idea to work with your Northwest Iowa wills and estates attorney to set payoff goals and keep yourself and your estate on track. To get started with this process, simply call our local, Northwest Iowa law firm at 712.737.3885 or send us an email here and ask to schedule a complimentary consultation with the mention of this post.
