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Can a debt collector collect on property whose owner is deceased and no deed of conveyance was done for the property in question?
Wiki User
∙ 15y ago
Generally, if a decedent owned land and judgment liens had been recorded in the land records before he died the creditor could have the sheriff sieze and sell the land to satisfy the debt. If the liens were not recorded before the death of the debtor the creditor would be out of luck because real property passes to the heirs at the time of death. However, the creditor can make a claim agains the estate by filing the claim in probate. You should consult with an attorney in your area since state laws vary.
Wiki User
∙ 15y ago
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How can you get a trust fund monthly payment back when a sibling tricked you into doing a quick claim deed?
You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.
What would happen if you quit claim property back to your mom who is deceased?
Obviously the quit claim would have been filed before the person's death. There-fore the deceased's property/estate would be handled pursuant to state probate laws. The property in question could be apportioned in accordance with the terms of the will, or if the person died intestate, under the applicable laws of the state of residency.
Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?
Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.
My step-son bought a house and your deceased husband has is name on the loan they put the house up for collateral the house is in foreclosure. The deed is joint tentancy. Will i be responsible.?
since the deed is in joint tenancy,to my understanding, the deceased name will come off the property once the death certificate is recorded in that county for the deceased,if I am understanding the question right.If the house is in foreclosure,the first person with the first lien against the property will be paid first at the time of the actual sale of the property.
Who is entitled to a property where the partner has not been living with the deceased for over 17 years is the next of kin entitled to anything?
If the partners were married the spouse is entitled to a share of the property by law. You can check the laws of intestacy in your state at the related question below. Children or other relatives of the deceased may also be entitled to a share.
Can a credit card company go after a car of the deceased person if there is already a lien against it?
A judgment creditor may still execute the writ against property that is encumbered by lien(s). However, the existing liens take precedence when it relates to payment of such debt. That being the case it is unlikely that a judgment creditor would take such action. In a case where the property in question is part of the estate of the deceased, the probate laws of the state in which the deceased resided apply. Real property becomes part of the deceased estate and creditors must file a claim with the probate court seeking payment from the estate itself.
Are you an heir to your grandparent's property?
You may be if your parent on that same side is deceased and your grandparent dies. You need to check the will. If there is no will the property would be distributed according to the state laws of intestacy. You can check the laws in your state at the related question link provided below.
In North Carolina if deceased has no will and the only living family is a sister-in-law a niece and a nephew how would the estate and deceased property be handled?
Generally, the niece and nephew would be the heirs at law under the laws of intestacy. You can check your state laws at the related question link below.
Your child has passed away will his children become heirs of your property?
If you die intestate (without a will) your property will be distributed according to the state laws of intestacy. You can check the laws in your state at the related question link below. If you have no spouse your property would pass to your children and the children of any deceased child in most states.
If an unpaid amount comes off of your credit report after seven years is it gone forever or is there a chance that it could come back on?
An unpaid account that is removed from a CR, may have been "bought" by a third or even fourth party collector. That collector can replace the account in question on the CR whenever they initiate collection proceedings. There really are no "disappearing debts" not even in BK. The exception would be the death of a sole debtor who lived in a non-community property state. And even then there are creditors who would literally pursue the deceased to the grave and beyond.
When a parent dies without a will in Arkansas can the adult children take possession of the deceased parents property if they were remarried.?
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
Can you own the property of a deceased person if you are an heir to the property?
A decedent's property passes to their heirs according to the provisions in their will or according to the state laws of intestacy if there is no will. An estate that has real property must be probated in order for legal title to pass to the heirs. Once the estate has been probated the heirs are the legal owners of the property. You can check the state laws of intestacy at the related question link provided below.
