If you and your deceased spouse were listed as "OR" on the title, it only takes on signature to release the title to the new owner. However, if the names were listed with "AND", then both signatures would be required. Since this is no longer physically possible, you need to take the title, along with the certificate of death, to the motor vehicle office and have your deceased spouses name removed from said title before you even attempt to sell or trade in this auto.
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
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
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
The hospitals often will forgive medical bills if the attorney or spouse calls the collection or billing agency for the hospital. Often, hospital bills are one of the bills not required to be paid at all by the spouse.
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.
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
Texas is a CP state, that being the case it might be possible for a creditor to hold the surviving spouse responsible for the deceased's debt if the estate is not adequate for repayment. Whether or not it is viable option for the creditor depends upon the type of debt that was incurred.
Yes. The state has no control over it. It is a federal procedure.
If there is no will, the property will be distributed per the state's intestacy laws. In Texas, the property is given to the surviving spouse under the community property laws. If the children are not the survivor's, then the property is split between the surviving spouse and the children. If they are minors, it will be placed into trust.
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.