As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.
The estates are responsible for the debts of the decedents.The estates are responsible for the debts of the decedents.The estates are responsible for the debts of the decedents.The estates are responsible for the debts of the decedents.
Probate court
The parents' estates are responsible for their debts. The creditors should be notified of their deaths. If there are no estates then the creditors are out of luck.
A person's estate is responsible for their debts unless someone else agreed to pay them.
Your power of attorney was extinguished when your last parent died. Unless you were a co-signer on their debts, ordered goods or services for them or benefitted from the amounts due (utility bills if you lived with them, for example) their estates are responsible for their debts. If there is no estate the creditors are out of luck.
A parent of a minor child is responsible for the child's medical bills. In many states, a spouse is responsible for the other spouse's medical bills. A parent of a grown child (18+.) is NOT responsible, nor is a child of an aging parent, unless someone signed the hospital or physician's form as a responsible party. If the deceased is an adult with no dependents and no one else signed a form to take financial responsibility, then the estate of the deceased will be responsible for the medical bills. If there is no cash in the estate, the provider is simply out of luck - they cannot chase after relatives in an attempt to collect the debt. If the deceased left a sum of cash or assets, then all outstanding bills should be paid from the estates assets prior to distribution to heirs.
The parents' estates must be probated in order for the assets to pass to the heirs legally. You need to consult with an attorney who specializes in probate law in your jurisdiction.
Typically a spouse is entitled to a portion of the deceased's inheritance if no other intentions are stated. However, if there is a will in place that declares that the children are sole inheritors, the spouse would not receive inheritance.
When an estate is probated the debts of the decedent must be paid before any property is distributed to the heirs. If the decedent had a large amount of debt that can wipe out any money that should have been distributed to the children. You should consult with an attorney who can review the situation and determine if there are any options.
Jack Benny died a long time ago, and the deceased do not have a net worth (although their estates sometimes do).
One can learn how to create trusts and estates for children by visiting a financial adviser. If this is not an option, there are several websites that will walk one through the process.
The executor is not personnally responsible. The estate is responsible to pay off the debts. If the assets are not sufficient to pay off the estates, they do their best and get the court to agree.