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Deceased mother owned a mobile home on a rented lot, owes back rent

Discussion in 'Estate Administration & Probate Court' started by Brittany Karp, Feb 17, 2021.

  1. Brittany Karp

    Brittany Karp Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    My mother recently passed. She owned a mobile home on a rented lot. She owed some back rent. Am I, as her oldest child, responsible for paying this debt? The mobile home is not worth much of anything, nor did she have any other things to sell off to pay for this.. this cost would have to come out of my pocket.. seems very unfair.

    ex.) If I lived in CA and mom lived in PA. There was no relationship/ didn't speak my whole life.. Would I still be responsible for paying this back rent debt?

    Any insight is greatly appreciated.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Unless you want the mobile home, no.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I am sorry to hear about the passing of your mother. Debts would be paid off from the proceeds of your late mother's estate.
     
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  4. Brittany Karp

    Brittany Karp Law Topic Starter New Member

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    Thank you for your response!
    What if the estate value is less than what is owed.. am I responsible for the left over costs?
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    No
     
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  6. zddoodah

    zddoodah Well-Known Member

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    No. Note that your status as oldest, youngest or somewhere in the middle has nothing to do with this.

    What seems unfair?

    If? Either you do or you don't. Since you tagged your post as relating to Pennsylvania, I assume that's where she lived.

    Out of curiosity, where did you get the idea that you might have some liability for your mother's debts?
     
  7. army judge

    army judge Super Moderator

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    PA law mandates against common sense.

    Whereas a resounding NO would be the answer if mom had lived in another state, and a maybe because she lived in PA.

    I suggest you speak with a lawyer licensed in PA.

    By the way, we recently discussed a similar question about MT and PA was also mentioned:

    FILIAL RESPONSIBILITY IN MONTANA

    By residing in CA, perhaps PA authorities will leave you alone.


    Pennsylvania's Filial Support Law: Children Can Be Held Responsible for Parent's Unpaid Nursing Home Bill - Robert C. Gerhard III

    Filial Support is Alive and Well for those who receive care in Pennsylvania | Tucker Arensberg, P.C.


    Will My Children Be Responsible for My Debt When I Die?
     
  8. Zigner

    Zigner Well-Known Member

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    From army judge's third link:

    Types of Debt Children Are Not Responsible for Paying

    Children are generally only financially responsible for debts in which they are a cosigner and unpaid medical bills. Every other type of debt – credit card bills, utility payments, mortgages, other types of loans – is not their responsibility if they are not otherwise formally tied to it.

    Understanding this is essential, as some creditors will often resort to unscrupulous tactics to convince grieving children that they are obligated to pay their parents’ outstanding debts. If you are not a co-signer on a legal agreement tied to the debt or a piece of a joint account, you are not required to pay, unless it is a medical debt covered by the filial responsibility law.
     
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