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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.
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Is the surviving spouse responsible for debt created solely in the name of a deceased when there are no assets to be sold by the estate because there were none in the deceased's name only?
Answer . Depends on the state you live in.\nIf it is a community property state, all debts and assets are considered to belong to both spouses.\nIf not, then only the perso…n who signed the contractual agreement is responsible.\nHowever, jointly titled assets are not necessarily exempt from creditors.\nIt depends on how they are held and what they are..
In Florida is a spouse responsible for credit card debt that is solely incurred by the other spouse?
No. Florida like several other states treat marital debts as being separate when they are not jointly incurred.
Answer You should contact an attorney in New Jersey to get an exact answer..However, normally if you have not signed the credit card contract, or any contract, y…ou will not be held liable to the debts of a deceased spouse..Remember..A creditor can go after the estate of a deceased spouse. * No, New Jersey is not a community property state, therefore marital debts that are not jointly held belong solely to the spouse who held the account. All non exempt assets and debts of the deceased are entered into probate procedure and handled according to the state probate laws.
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.
Answer No. Mississippi is not a community property state. The state does, however, have a rather obscure "necessities" statute which …pertains to those items purchased solely by a spouse on credit that can be defined as needed by the married couple as a whole. The statute is subject to many interpretations and therefore almost impossible for a creditor to use as a means of collecting debt owed from a surviving spouse.
In Wisconsin is the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
Answer 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.
Answer No, Georgia is not a commmunity property state.
In Oregon can a surviving spouse be sued for credit card debt that was solely incurred by the deceased spouse if there is no estate only personal belongings and home held as Tenancy By The Entirety?
Answer Oregon is not a community property state, therefore the surviving spouse would only be liable for debts that were jointly incurred during the marria…ge. Property held as TBE is not subject to probate procedure as it passes directly to the surviving spouse, neither can TBE property be attached for creditor debt when only one spouse is the debtor.
Alabama is not a community property state, the surviving spouse is not responsible for creditor debt unless he or she was a joint account holder.
In the District of Columbia is the surviving spouse responsible for debts solely incurred by a deceased spouse?
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 beneficiary of the goods and… services purchased by the spouse.
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.
In Texas is a spouse responsible for credit card debt that is solely incurred by the other spouse under a credit card which was issued prior to the marriage?
Yes. STATED BY AUTHOR
Is a surviving spouse and sole beneficiary responsible in Manitoba for the Credit card debt of the deceased?
Unless both spouses signed the credit card agreement, the answer is no. The debt can only be charged against the property of the deceased, but must be fully paid (or paid as m…uch as it can be in the case of an insolvent estate) before anything can be paid to the spouse.
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.
Not unless she or he were a joint account holder. However, the estate may be responsible for paying the debt before the funds can be distributed. Check with a local lawyer.