Debt Collection, Garnishment, Repossession

questions & answers

Question: Does AZ law require the debt of a deceased relative to be paid. I am listed as a trustee on my Mothers revocable trust. Am I required to pay on any of Her debt?

Answer:

Generally, if she has left debts and available assets and you give notification and are properly notified by creditors, then you may have to pay her debts. However, dates and amounts matter. The correct answer to this question requires more information:

1) When did she pass away?

2) When did the debt accrue?

3) Did you give notice after she passed? When?

4) Did any creditors contact you, and if so, when?

5) Did she have available assets? (Cash, property, anything that was liquidated at her death) 6) Were all her assets in the trust? (living on SSI and only asset was a house within the trust?)

You need to be very careful, a mistake as trustee invites a lawsuit from a serious creditor.