No, New Jersey is not a community property state, therefore the surviving spouse is not responsible for debts that were solely incurred by a deceased spouse.
Washington is a community property state and the surviving spouse can be held accountable for the deceased spouse's debts depending upon the status of the deceased personal holdings/property.
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
Maybe. Wisconsin is a community property state. Unlike other CP states spousal debt responsibility is determined by the circumstances. If the surviving spouse used the credit card account then it is likely he or she will be held responsible for the debt, especially if charges on the account could be defined under the guidelines relating to necessities.
No, Georgia is not a commmunity property state.
The creditor should be notified of the death of the debtor. The decedent's estate is responsible for the debt. If there are no assets in the estate the estate is insolvent and the creditor is out of luck. You should speak with an attorney before paying any debts that are solely in the name of the decedent.
Maryland is not a community property state, therefore the surviving spouse is not responsible for repayment of debt that was solely incurred by the deceased. The debts will become a part of the deceased's estate and will be handled according to state probate laws.
It may not be a "sole" party...it is everyone that signed as a responsible party (primary and co-signers) for the line of credit that was used....they are responsible to pay the charges and therefore are responsible if it is in default and the charge hasn't been paid.
if it is under your name and she is an additional card holder but the bill comes to you I think you are responsible for the debt.It might be worth asking your credit card provider.
A deceased person's debts and assets are handled according to the probate laws of the state where the person resided. If the married couple resided in a community property state the surviving spouse may be responsible for debts of the deceased spouse even if said debts were solely made. If the married couple resided in a non community property state the surviving spouse is not responsible for debts solely incurred by the deceased spouse. If he was the only signer, then you need to talk to the lender and find out where to send a "certified death certificate". This should take care of the account as the lender will show this as a loss. If you are signed on the application with him--then you have 2 options. 1. You will have to pay, as the accounts will have to be paid off or it will affect your credit; or 2. you file bankruptcy because you do not have the capacity to pay the accounts. I am sorry for your loss--good luck.
The surviving borrower is solely responsible for paying the loan.The surviving borrower is solely responsible for paying the loan.The surviving borrower is solely responsible for paying the loan.The surviving borrower is solely responsible for paying the loan.
The fact that the couple are still married but not living together is not relevant. New York is not a community property state, that means each spouse is solely responsible for any debts made that were not jointly incurred.
Yes. STATED BY AUTHOR
The only debt you're liable for - is anything in joint names. Any debt solely in his name died with him.
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.
If he/she has Life Insurance is maybe a possibility for them to pay for the cost. But most likely its removed since the person is deceased.
If you held the account in name either solely or jointly and used the credit available you are still responsible for the debt, the error of the SSN is irrelevant.
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.
That depends on the nature of the debts- whether they are joint debts. If they are solely debts of the decedent then his estate is responsible. You should speak with an attorney to determine your rights and obligations.
You should consult an attorney for the correct answer, but, my experience would indicate that you would not be responsible if you did not sign on the contract at the time the auto was purchased. * If the married couple did not live in a community property state, the debt belongs solely to the deceased and becomes a part of the probate procedure the surviving spouse would not be responsible.
No. The person named on the credit agreement is solely responsible for all debts incurred on the card. The only exception is - if the account is in joint names - and BOTH parties signed the agreement. In that case - each signatory would be equally responsible for the debt.
No. Mississippi is not a community property state. The state does, however, have a rather obscure "necessities" statute which pertains to those items purchased solely by a spouse on credit that can be defined as needed by the married couple as a whole. The statute is subject to many interpretations and therefore almost impossible for a creditor to use as a means of collecting debt owed from a surviving spouse.
Generally, no. The co-signer would become solely responsible for paying the loan.Generally, no. The co-signer would become solely responsible for paying the loan.Generally, no. The co-signer would become solely responsible for paying the loan.Generally, no. The co-signer would become solely responsible for paying the loan.