In the event of your death whilst owing money to your creditor and when you leave an estate then the first thing to be sorted out from the estate are your debts which you owe at the time of your death and for the executor of your will to ensure that any monies owed to you by a third party is also collected in as your estate consists of your entire assests at the time of your death once all of your debts and monies owed to you are collected and paid out and what is left is then permitted and only then to be shared amongst the beneficiaries but your creditor is not permitted to take the private pension of your spouse in order to recover your debt unless your spouse also signed as the guarantor at the time the credit was was agreed and paid to you in which case a judgment must be granted by the court in their favour against your spouse before they are permitted to claim or to arrange deductions directly from your spouses private pension
Or if you meant to ask if your spouses creditor is permitted to claim your spouses private pension upon theur death then again the answer is no as they get paid from the contents of your spouses estate before you or any beneficiaries are given your share and their estate consists of all of your spouses assets at the time of their death and a pension scheme is paid in installments weekly or monthly and therefore the money from their private pension does not count as part of their estate as the money in the pension is not yet at that point of the estate being worked out yet an asset nor part of the estate .
The length of the marriage is what usually determines if a spouse or ex spouse is entitled to any pension benefits either private, SS or RRB.
Texas is a CP state, that being the case it might be possible for a creditor to hold the surviving spouse responsible for the deceased's debt if the estate is not adequate for repayment. Whether or not it is viable option for the creditor depends upon the type of debt that was incurred.
Any and all assets of a deceased can be used for the repayment of his debts. However, if the pension is making a lump sum payment to a "beneficiary" like a spouse, then it would not be considered an asset of the deceased and you could fight any claims a creditor might make, but if it just pays out to the deceases estate then its fair game for payment of any debt therein.
Usually Pension is given until the person and/or his spouse are alive. If the pension earner dies and leaves his spouse behind, she would get the pension until she is alive.
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
Not enough information is given in order to answer. Entitled to the spouse's pension under what circumstances? Death? Divorce? Sham marriage? Common-law marriage? Not only is more information needed, all pension benefits are going to be different depending on the type of pension it is (e.g.: union pension - private employer pension - government pension - military pension?) You should probably consult with legal counsel over this question as it can get quite complicated depending on the circumstances, just a few of which are enumerated above.
Not until the veteran dies. The pension is the property of the veteran, NOT their spouse. While the veteran is alive, the spouse would not have any monetary claim on the veterans pension unless they divorced. Only then would she be able to make a claim on a percentage of his pension payment.
The start of a pension after a spouse dies depends on the specific pension plan and the terms outlined in the plan documents. It is recommended to consult with the pension plan provider or the employer's human resources department to understand the specific rules and regulations for when the pension would start after the death of a spouse.
10 years
yes.
Under Florida law a spouse cannot be held liable for debt repayment if the debt was not jointly incurred. The issue concerning the second card holder will need to be taken up with the creditor. If the couple were still legally married at the time, the creditor will probably accept the spouse's right to use the account. In which case the account holder will be held liable for all charges pertaining to the account in question.
Maybe. It depends on what happened with the pension after the death and how the estate was handled. If the spouse inherited from the deceased, and continued to receive a payout from the pension, they would probably be liable for the debt.