yes, but you would have to go thought probate and any debts owed by the estate of the deceased have first claim on any assets, and/or proceeds from the sale of said assets.
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
yes.
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
In Nebraska, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
Yes, that is the reason for probate, it so that titles can be transferred to the beneficiaries.
From the remaining spouse, no. Collecting from the estate depends on many factors. The laws pertaining to real property and/or survivor rights take precedence over probate proceedings. A determination on what creditors might be entitled to can only be made after the deceased financial status has been compiled.
How do you refer to the spouse of a deceased spouse? Deceased husband is John Doe; surviving spouse if Jane Smith. For example, "please attend a dedication honoring John Doe, ? husband of Jane Smith.
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
Typically, any debts accrued by a husband/wife who dies, are to be settled by the estate. Since this normally passes on to the surviving spouse, any debts must be settled by the surviving spouse.
Wisconsin is not considered a "true" community property state in the sense that the surviving spouse is automatically responsible for the debts of a deceased spouse who was the only person named on the account. In some instances the surviving spouse can be held accountable, for example if she or he held a second card on the account, and in some rare instances for charges made that could be defined as "neccessities". The absence or obligation of responsibililty is usually determined by a judge if the creditor decides to file suit for a debt that is excluded or cannot be recovered through probate action.