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If a surviving spouse is not named the beneficiary of a retirement account can this be contested?
In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
Answer No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property pass…es directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
Is the surviving spouse responsible for a deceased spouse's credit card bill if you are not named on the account in California?
Maybe, California is a community property state which means that all assets and debts are joint between spouses regardless of who obtained the assets or incurred the deb…ts. Whether a company chooses to pursue payment of debt accrued under such conditions depends solely upon the creditor.
If you are the surviving spouse, you are considered what is called a "Class A" beneficiary, meaning there is no inheritance tax on the property you inherit or take by right of… survivorship. This means that the bank does not have to hold on to half the date of death balance until all inheritance taxes are paid. To get that account released you need to get a certified copy of the death certificate and go to the bank. The bank will have copies of NJ Inheritance Tax Form L-8 for you to sign. This is an affidavit that states, among other things, that you are the surviving spouse, a Class A beneficiary and the surviving party to the account. The bank will release the money to you or create a new account with just your name on it as you prefer.
In New Jersey is a surviving spouse responsible for a deceased spouse's credit card debt if their name is not on the account nor has she used the credit card?
No, New Jersey is not a community property state, therefore the surviving spouse is not responsible for debts that were solely incurred by a deceased spouse.
In New Jersey is the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
Answer No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Th…erefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
Is a surviving spouse in Arizona responsible for repayment of a credit card debt when the account was solely in the name of the deceased spouse?
The assumption is that the wife inherits at least half, if not all, of the husband's assets. But the estate has to liquidate all the credit card debts before the can transfer …any remainder to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
Answer . No, but if they aren't, they usually have to sign a document in front of witnesses that they know they are not going to get it. Otherwise they will sue the life i…nsurance company claiming they didn't know.. No, but... . No. Life Insuarance is used in situations other than marriage. Sometimes in business partners have policies on each other to compensate for their loss. Employers can also have policies on key employees to compensate for losing them. An insurance company will most likely be looking for what is called "Insurable interest." There has to be something that the beneficiary would lose should the insured die that the death benefit would compensate for. This is to stop you from taking out policies on any number of random people to collect if any of them die like some sort of morbid lottery.
It becomes an asset of the estate. It will be inventoried with the other assets. It can then be used to pay debts and then distributed to the beneficiaries per the will or t…he intestacy laws.
The method in which a deceased person's assets and debts are handled depends upon whether there was a Will and/or the laws of the state in which the person resided at the time… of his or her death. The best option for the surviving spouse in such cases is to seek advice from an attorney qualified in such matters. The majority of attorneys offer free or minimal charge consultations to explore options.
Answer no, you have to be there to show ID and sign paper work.
If no beneficiary is named on the life insurance policy is the surviving spouse the default beneficiary?
Answer Life insurance is a great thing: you can ensure that a loved one will continue to have the life style that they are accoustmed to should you pass on. When the po…licy was applied for, a beneficiary should have been named. The beneficiary can be changed at anytime (just contact the company and ask for a beneficiary change form). But never the less the proceeds WOULD go to a surviving spouse if there is not a designated bene at the time... Just as the rest of your "estate" would (unless you had a trust). A life insurance policy is its own trust/ legal document and would go to the spouse based on your "union" between man and woman. I suggest clarifing your intentions for the proceeds by naming a bene. Good luck What if the deceased also had a minor child who was not the child of the surviving spouse?
If a spouse dies and leaves bills in their name is the surviving spouse responsible for those bills?
If the deceased had unsecured debts in their name only, and the married couple did not reside in a community property state, only he/she is liable for the debt(s). If it is a… secured debt in his/her name only the property may be subject to repossession, lien placement, sale, and so on. What action a creditor can take against the estate of a deceased person is governed by the laws of the state of residency.
Is surviving spouse responsible for credit card debt in North Carolina if she was not on the account when the other spouse died?
In North Carolina the estate of the deceased is responsible for the debts. Indirectly, the spouse is going to pay the debts, either by a smaller inheritance or as a beneficiar…y of the goods and services purchased by the spouse.
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.
The owner of the policy can change the beneficiary of the policy. If the original beneficiary has died before the insured, the owner of the policy can designate a new benefici…ary at any time.
No, but you may need to ensure that the spouse if you are estranged cannot make a claim against this as an estate in the event of anything happening to you if that is what you… want.
Can you contest the beneficiary of an investment account if the account holder is deceased and was incompetent?
Yes, you can contest the beneficiary if you have evidence that the beneficiary was designated by an incompetent person.