If the debt is in writing and you only have a verbal clearance of it, then I would suggest that the debt is still owed. The spouse might not have the authority to write off the debt. You need to get the spouse or the person owed to sign a document to the effect that the debt is no longer outstanding.
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
It depends on the type of debt. The estate is going to be responsible for the debt in most cases. Which means it has to be paid before the spouse can take anything from the estate.
If your spouse co-signed the debt, they will have to pay your debt. In most cases, the answer will be no, it is your debt and you are responsible.
If the spouse inherited the estate, the spouse will pay the IRS debt. Since the two were still married, the taxes must be paid by the remaining spouse.If they were separated at the end of 2007 I assume that they did not file a joint return for the 2007 taxes. If this is the case, the husband's estate must pay the taxes. If the estate cannot pay the taxes in full, then the spouse will not be held liable for anything that is still owed. A distinction must be made between the spouse being liable and the estate being liable.The only way that the spouse is fully liable is if the return was a joint return.
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
Not if you are TRULY separated and filing only for yourself. Even at that - the bankruptcy referee would probably want to look carefully at her debt qcquisition while the marriage was functional, just to make sure that the estranged wife did not materially add to the bankrupt debt.
A creditor can collect a debt from the surviving spouse under certain circumstances in a community property state. Usually, the debt has to have been accrued during the marriage.
yes. when one gets married their expenses, and debt goes to their spouse as well.
The student loan should be paid out of the estate of the deceased before it is distributed to the spouse. If there isn't enough to cover the debt, the spouse should not be held responsible for the balance, unless both people signed the loan. Many people misunderstand who pays the outstanding debt. The surviving spouse does not pay the debt, but it comes out of the estate before distribution.
The estate is responsible for the deceased spouse's debts. But given that the spouse typically inherits the estate, and often agreements are required to include the spouse, there is a possibility, depending upon the type of debt and the instruments they were created under. I would consult a probate attorney. * A spouse is not responsible for the debts of a deceased spouse unless the debts were jointly incurred during the marriage or in some instances the married couple resided in a community property state at the time of death.
If the couple resided in a community property state both spouse's would have needed to file joint bankruptcy for the debt to be totally discharged. If one spouse did not file, it is quite possible the creditor will hold that person responsible for the debt owed.
Not for private debt. Just make sure that the spouse is not a co- applicant. The spouse is responsible only if they are co-applicant.
In many cases, as long as the individual that has passed was the only person on the debt, then they are the only person that was responsible. If a spouse or additional person was listed on a debt as a joint owner, than the creditor can attempt to collect on the debt from the living even though the other joint borrower has passed away.
That will depend on the relationship. If it is a spouse, there is likely to be a legal responsibility.
In some instances, yes they can. Is the spouse listed on the debt? An example would be a joint loan or credit card. If so, that makes the spouse legally liable for the debt. If not, then no, the wages cannot be garnished because the spouse is not legally liable for the debt.
Yes, in West Virginia they will pay for the debt. Either through a reduced inheritance or because of perceived benefit from the debt.
If the debt was made when they were still married the answer is yes. STATED BY AUTHOR
Technically, the debt has to be resolved by the estate. And as the spouse gets the estate, they will be paying one way or another. And is many cases the spouse benefits from the debt, they can come after the money
If the card was only in the deceased's name AND the surviving spouse was not a listed authorized user AND the surviving spouse never used the card for his/her own purchases, the spouse is not responsible for the debt. The estate is liable for the debt, so no assets of the estate can be distributed to the heirs at law or by will until the debts of the estate have been paid. If the debts exceed the estate's assets, it may file for bankruptcy of the estate under state law. Consult a local experienced bankruptcy lawyer.
Yes because when you get married you are one so your spouse whould be responsible for their debt because that means their in debt to
In most cases they will be held responsible. The spouse is considered to have benefited from the debt.
I divorced my husband and had the credit card debt negotiated so that he was the responsible party for paying the debt. He does not pay on the debt therefore I found out that I am liable for the debt because the card was opened in both names.
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.
The decedent's estate still owes the money, and that debt must be satisfied before the estate can be distributed. In the case of a surviving spouse, that spouse is equally liable for any existing debts. If the deceased's estate cannot cover the debt, the spouse must do so.