My father passed this past March. My brother and I were co-executors on his will and co-trustees on the trust. Neither has been fully ajudicated. My father was debt free upon his death. My brother passed in August. He had a $25K mortgage, a $24K line of credit, and multiple credit card debts of approximately $52K. As the sole survivor (mom passed in 2024), what are my responsiblities with regard to my brother’s debt?
I should also mention that my brother died without a will.
This is way beyond what you can expect for help from an internet message board. Some of this is state dependent so I wouldn’t trust any answers here anyway. You need a trust and estate attorney.
Since your brother survived your father, anything due to him from your father’s estate would likely go to your brother’s estate; the trust may have its own provisions on what happens with his portion. Executors and survivors are generally not responsible for a decedent’s debts, but they do typically get paid from the estate’s assets before distribution to heirs. State laws vary on who inherits when there is no will.
I suggest discussing this with the attorney for your father’s estate. There may be additional filings for your father’s estate since one of the co-executors is no longer available.
attorney is needed also get attorney to set up your will immediately!