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In most cases the debts of the deceased, including credit cards, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
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Who is responsible for your deceased spouse's credit card debt in Texas?
Texas is a community property state and the issue of marital debt is complexed as it is not considered a "true" CP state due to the way in which marital debt responsibility is assigned. In most cases the surviving spouse can be held responsible for the credit card debts of the deceased spouse if the surviving spouse the account even though he or she was not named as an account holder. The best choice is always to discuss such matters with an attorney qualified in the state's probate law.
If a spouse dies but leaves the property in a will to someone else what happens?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death. If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
In Texas is the surviving spouse responsible for department store debt still owed?
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
What does the surviving spouse do about the deceased spouse's credit card debt in Florida?
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.
Are you the surviving spouse even if your were not cohabiting with your spouse at the time of death?
If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.
In the state of Maryland what do you do when your spouse dies with no will?
Open an estate. Consult a probate attorney for the intestacy laws in Maryland. The surviving spouse should inherit the bulk of the estate unless there are children involved, then it may be split.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
What if your spouse inherits property and then dies does the surviving spouse inherit the property in the state of Maryland?
If there are no wills involved, that is the way it typically works. However, there are often clauses in wills that can affect this.
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
Is surviving spouse responsible for medical bills of deceased spouse in Rhode Island and Nevada?
Generally a surviving spouse will only be responsible for debts related to medical expenses of a deceased spouse is he or she has entered into a written contract accepting said responsibility. Rhode Island is not a community property state and therefore the surviving spouse would not, assuming he or she has not agreed in writing to do so be liable for medical bills (hospital, doctors, etc.) incurred for the care of a deceased spouse. Nevada is a community property state, therefore the surviving spouse might be held accountable for such debts. All assets and debts accumulated during a marriage in a CP state are considered to be jointly owned and jointly owed regardless of which spouse is the receipient of a debt or asset.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
In Alabama is a surviving spouse responsible for the credit card debt of their deceased 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.
Who is responsible for your deceased spouse's credit card debt in Texas?
Texas is a community property state and the issue of marital debt is complexed as it is not considered a "true" CP state due to the way in which marital debt responsibility is assigned. In most cases the surviving spouse can be held responsible for the credit card debts of the deceased spouse if the surviving spouse the account even though he or she was not named as an account holder. The best choice is always to discuss such matters with an attorney qualified in the state's probate law.
If a spouse dies leaving everything to his children what are the rights of the surviving spouse in S C?
In South Carolina the surviving spouse can file an election to take a share of the husband's estate. The state will grant her a statutory share.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
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.
What are my rights as a wife who was separated from her husband and he died?
You are the surviving spouse as long as you weren't divorced. You have all the rights provided by your state laws as the surviving spouse. You can check the laws of your state at the related question link provided below.
