Oregon is not a community property state, therefore the surviving spouse would only be liable for debts that were jointly incurred during the marriage. 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.
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.
The deceased's ESTATE is responsible for any debts incurred by the deceased party. NOT the survivors.
California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.
Only if the person entered into a written contract with the medical providers to do so.
If the surviving family members are not joint account holders or a surviving spouse who was living in a community property state, they are not responsible for the debts of the deceased. The deceased estate (if any) is to be probated (when required) and any assets are used to pay outstanding debts in their order of priority according to state law. FYI, authorized signers of credit card accounts are not joint account holders and not responsible for debt incurred. Likewise in some CP states the surviving spouse cannot always be held accountable for all debts solely incurred by the deceased spouse.
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.
Only if you are a joint debtor. Surviving family membes are not responsible for the debts of deceased parents, siblings or other relatives. The exception might be if the person signed an agreement with a care facility, hospital, medical clinic, doctor, etc. to be responsible for debt incurred during the deceased person's treatment/confinement.
Texas is a community property state therefore a surviving spouse usually can be held liable for debts solely incurred by the deceased spouse. Exceptions can be made to this law based upon the circumstances of individual cases
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 exeption 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.
Yes, you are under the law married couples are considered one unit, that makes you responsible for eachother. * No. Not unless the surviving spouse signed an agreement to do so. The only time spouses are responsible for each others debts is if the debts are incurred jointly or the couple resided in a community property state, Illinois is not a community property state. (Macky)
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.
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 case 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.