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In New Jersey is a surviving spouse responsible for credit card debt that was solely incured by the deceased spouse or will it be paid from the deceased's estate?
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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Answer No, Georgia is not a commmunity property state.
In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?
Answer If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the… surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
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.
Answer If you applied together for the credit card creating a joint account from the beginning, yes ... otherwise, no.
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 The surviving spouse is only responsible for creditor debt if the accounts were jointly incurred during the marriage unless that debt is considered a bill of nec…essity (i.e. medical and utility.) In some states you have to be married at the time the debt incurred such as IA, NH, MA, AZ, CT, and SC and in most when you get married the "bills of necessity" become the responsibilty of both parties no matter who puts their name on it. However in FL the rules dont apply surviving spouse is not resp. For credit cards it is different that is contractual its whoever is on the contract same with personal loans and student loans and things of that nature.
In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?
Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exep…tion would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.
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.
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.
It depends on the state you live in. If the married couple resided in a community property state at the time of the spouse's death the surviving spouse might be held accountab…le for debts incurred during the marriage solely by the deceased. The premise of community property states is, that all debts and all assets obtained during a marriage belong equally to both parties.
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 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.
Answer . \nIf they couple did not reside in a community property state and the account was not joint; the debt will become part of the deceased's estate and handled accordi…ng to state probate laws. An exception pertaining to spousal debt responsibility in community property states would be if they resided in Wisconsin.. Answer . If onwe dies the other will not be liable, only if your name is on the card to. I had 2 of my spouse die on me. I know!\n. \n Answer \n. \nA spouse who is not a joint account holder is generally not responsible for debt incurred by the other spouse. Two exceptions the main one being if the married couple resided in a community property state or if the state of residency has a "necessities law". \n. \nCouples residing in community property states are presumed by law to own all property equally, and to owe all debts equally regardless of which one is the designated borrower, ( only CP law exception is the state of Wisconsin). A surviving spouse living in a state which has an established "necessities law" relating to credit card use to purchase items such as food, medicine, pay utilities and so forth is responsible for those type of debts as they are considered joint regardless of the designation of the account. However, even in states that have such laws, they are very rarely used by creditors to recover debt owed.
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 Pennsylvania responsible for repayment of a credit card debt when his deceased wife was the authorized user on an account that was held by her deceased mother?
No. Only the account holder is responsible for repayment of debt incurred on a credit card. An authorized user is not responsible for repayment, but in this ca…se if the now deceased AU continued to use the account after the death of her mother (the account holder), the AU's estate might be responsible for any charges made under such circumstances. In any event, the surviving spouse is NOT responsible to repay the CC debt.
No one. In that case the debters are SOL (although I believe they may be able to seize the deceased persons assets and sell them all to pay off as much of the debt as po…ssible)