0
Yes, if the terms of the agreement allow for them to charge such fees, and in fact if the payment is late. Best rule of thumb, is to start calling all creditors upon someones death to let them know to avoid any late fees, since its not the creditors responsibility to check vital status. However, you should be able to request most of those fees to be reversed by providing the death certificate, and if probate is involved you can challenge the amounts they are charging.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What should you do if a creditor is trying to collect a debt on a deceased individual in the state of Georgia?
Refer them to the estate of the deceased. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Do adult Children have to pay the credit card debt after the death of last parent?
The estate is responsible for the debts of the deceased. If there are any assets they must be used to pay the debts. If not then the creditor is out of luck.
Is sister responsible for deceased brother debt if no will?
Without some other duty owed the creditor (ie: cosigner on a loan, executor of estate obligated to pay creditor out of estate assets), there is no responsibility for the sibling of the deceased to pay the debts of the deceased. Further, the executor of an estate has no personal liability to pay debts of the deceased beyond the available funds of the estate. ---- Atty. John Libertine is providing this information for research purposes only, and is not offering legal advice. Licensing information is subject to change.
Can a creditor sue against an inheritence?
Yes, a creditor can sue against an inheritance to recover debts owed by the deceased person. In some cases, the creditor may be able to access funds or assets received through inheritance to settle outstanding debts. However, the specific laws and procedures regarding creditors' rights in regards to inheritance can vary by jurisdiction.
In Mass is spouse responsible for deceased debt solely in deceased name?
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.
What are the UK laws regarding the debts of a deceased person Who pays them off?
The estate of the deceased is responsible for paying all the deceased's lawful debts.
Do the children have to pay the debts of their deceased parents?
If you were not a joint debtor you are not responsible for repayment of deceased parent(s) debts.
What happens if you use your parent's card after his death?
This is not a good idea. All creditors of the deceased should be notified, and all actions regarding their finances ceased. In most states the deceased assets and debts have to be filed with the Probate Court, even when there is a will. State laws govern Probate procedures. Under these circumstances the creditor can claim unauthorized use. And would probably hold the user responsible for any charges made. Perhaps even pursue illegal/fraudulent use charges.
Can a pension that is not part of the estate be subject to paying a deceased debts?
Any and all assets of a deceased can be used for the repayment of his debts. However, if the pension is making a lump sum payment to a "beneficiary" like a spouse, then it would not be considered an asset of the deceased and you could fight any claims a creditor might make, but if it just pays out to the deceases estate then its fair game for payment of any debt therein.
Who is responsible for payments when creditor deceased?
Normally this would fall to the Executor of the Deceased Estate. It is the responsibility of the Executor, to collect all payments and settle all debts of the Deceased. the deceased person's husband or wife.....if they weren't married then the property that the loan is for gets returned to the bank, which technically still owns it because the loan wasn't fully repaid.
Is the spouse of a deceased credit card holder responsible for his debt in New Jersey?
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, you 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.
What are the penalties for not paying credit card debts?
your creditor will give ur case to credit collection agency...and if if u dint pay can b taken to court where magistrate can ask u to pay fine and all the debts including court admin charges
