HomeAdviceFinance & Legal InfoAm I responsible for paying debts?
Go Back

Am I responsible for paying debts?

My dad unexpectedly passed away. He was behind on his mortgage and all of his bills. Am I expected to come up with the money to pay all of this? I don't have the money to pay for everything he owes. What do I do?

Asked by Sunny | Portland, OR| 01-13-2025| 478 views|Finance & Legal Info|Updated 1 year ago

Answers (7)

Sort by:
Barrett Henry

RE/MAX Collective · Tampa, FL

(6 reviews)
You are not personally responsible for your father's debts unless you co-signed on any of them. His debts are the responsibility of his estate, not his children. When someone passes away, their debts are paid from the assets of their estate. If the estate has enough assets to cover the debts, the executor pays them. If the estate doesn't have enough, the debts go unpaid and the creditors take the loss. They cannot come after you personally for the balance. On the mortgage specifically, if you want to keep the home, federal law allows a family member who inherits a property to assume the existing mortgage without qualifying for a new loan. You'd take over the payments and keep the house. If you don't want the home or can't afford the payments, the lender can foreclose on the property. The home is the collateral for the loan, so the lender's recourse is the property, not you. If creditors contact you demanding payment, you are not obligated to pay from your own funds. Tell them to file a claim against the estate. If your father had any assets beyond the home, a probate attorney can help you sort out which debts are valid, which have priority, and how the estate's assets should be distributed. Don't let the stress of the situation push you into paying debts you don't owe. Get a probate attorney involved to protect yourself and handle the estate properly.
View Profile
03-27-2026 (1 month ago)··
Keith Jean Pierre

REMAX First Realty · East Brunswick, NJ

(151 reviews)
No, you are generally not personally responsible for your father’s mortgage or debts unless you co-signed, are a joint owner, or live in a community property state. Debts are paid by his "estate"—his assets (money, house, property)—not by you. If the estate cannot pay, the debt usually goes unpaid. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA
View Profile
04-24-2026 (4 days ago)··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
It depends on the debt. You’re responsible for debts in your name or jointly held with someone else. If a loved one passes, their estate typically handles their debts — not you personally — unless you co-signed or are listed on the loan.
View Profile
10-29-2025 (6 months ago)··
Find Agent CTA

Are you ready to find a top agent near you?

Browse profiles of the highest ranked agents in your area and find one that meets your specific needs.

Julianne Clark

Charter One Realty · Beaufort, SC

(48 reviews)
Debts are paid by your fathers estate. You may want to contact and attorney to help you. There may be some debts that could go unpaid. Make sure you research which ones they are. Your fathers credit score no longer matters.
View Profile
01-27-2025 (1 year ago)··
Louis ParrishNovice3 Answers
Louis Parrish

United Real Estate Specialists · Tucson, AZ

(39 reviews)
His estate is responsible. So long as you are not a signer on the loans, you are not personally responsible. If you are handling the estate, you should get local legal advice. I am truly sorry for your loss.
View Profile
01-17-2025 (1 year ago)··
Erika StewartNovice3 Answers
Erika Stewart

NextHome Beyond Keys · Suffolk, VA

(24 reviews)
I recommend contacting a probate attorney.
View Profile
01-18-2025 (1 year ago)··
Haley OvertonNovice3 Answers
Haley Overton

Real Broker 2175 NW Raleigh Street ste 110 Portland OR 97210 · Portland, OR

(31 reviews)
Hi there, I'm so sorry for your loss. It can be difficult when a family member passes away and you're left wondering how to handle their estate. My recommendation would be to hire an estate attorney who can help you determine if there was a trust in place and if not, can help you establish someone to be in charge of the estate. You don't typically pay the attorney up front - they take a cut after the estate is settled. Best of luck!
View Profile
07-07-2025 (9 months ago)··
Find Agent CTA

Are you ready to find a top agent near you?

Browse profiles of the highest ranked agents in your area and find one that meets your specific needs.

Related Questions

I’m a single mom paid off a condo HOA $609 should I keep it?

Asked by Myself | Lauderhill | 8 views | Finance & Legal Info | 04-26-2026 | Updated 1 day ago

Can I cancel my contract if I lost my job?

Asked by Trina | San Diego, CA | 24 views | Finance & Legal Info | 04-22-2026 | Updated 6 days ago

Home title

Asked by Karla Kay Story | Ocala, FL | 19 views | Finance & Legal Info | 04-10-2026 | Updated 2 weeks ago

How do you get around a restrictive covenant?

Asked by Jerry | St. Louis, MO | 35 views | Finance & Legal Info | 04-08-2026 | Updated 2 weeks ago

Sellers didn't disclose water/drainage issues, can we hold them responsible?

Asked by Peter | Louisville, KY | 60 views | Finance & Legal Info | 04-08-2026 | Updated 2 weeks ago