In Oregon can a surviving spouse be sued for credit card debt that was solely incurred by the deceased spouse if there is no estate only personal belongings and home held as Tenancy By The Entirety?
Oregon is not a community property state, therefore the surviving spouse would only be liable for debts that were jointly incurred during the marriage. Property held as TBE is not subject to probate procedure as it passes directly to the surviving spouse, neither can TBE property be attached for creditor debt when only one spouse is the debtor.
In New Jersey is a surviving spouse responsible for a deceased spouse's credit card debt if their name is not on the account nor has she used the credit card?
Will surviving children of deceased parents that have no life insurance or estate be responsible for paying criminal fines or utility bills incurred by the decedents?
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.
If the surviving family members are not joint account holders or a surviving spouse who was living in a community property state, they are not responsible for the debts of the deceased. The deceased estate (if any) is to be probated (when required) and any assets are used to pay outstanding debts in their order of priority according to state law. FYI, authorized signers of credit card accounts are not joint account holders and not…
Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
Only if you are a joint debtor. Surviving family membes are not responsible for the debts of deceased parents, siblings or other relatives. The exception might be if the person signed an agreement with a care facility, hospital, medical clinic, doctor, etc. to be responsible for debt incurred during the deceased person's treatment/confinement.
In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?
Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exeption would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.
In the state of WI does the surviving spouse have to pay medical bills of the spouse who passed away I never signed any promise to pay?
In the state of NC is the surviving spouse responsible for the medical bills if the spouse is not the executor of the estate?
Is a surviving spouse in Pennsylvania responsible for repayment of a credit card debt when his deceased wife was the authorized user on an account that was held by her deceased mother?
No. Only the account holder is responsible for repayment of debt incurred on a credit card. An authorized user is not responsible for repayment, but in this case if the now deceased AU continued to use the account after the death of her mother (the account holder), the AU's estate might be responsible for any charges made under such circumstances. In any event, the surviving spouse is NOT responsible to repay the CC debt.
Texas is a community property state which means that spouses are usually held equally responsible for debts incurred during the marriage even when only one spouse is the account holder. However, this may not apply to the outstanding medical bills of a deceased spouse unless the surviving spouse signed a written agreement with the health care provider(s) to accept said responsibility. This is especially true if the deceased spouse was receiving Medicare and/or Medicaid assistance.
Is a surviving spouse in Illinois obligated to pay medical expenses incurred by the deceased spouse prior to death?
Yes, you are under the law married couples are considered one unit, that makes you responsible for eachother. * No. Not unless the surviving spouse signed an agreement to do so. The only time spouses are responsible for each others debts is if the debts are incurred jointly or the couple resided in a community property state, Illinois is not a community property state. (Macky)
Florida is a Tenancy By The Entirety state when matters relate to married couples. That being the case, a surviving spouse is only responsible for those debts that were jointly incurred during the marriage. If the surviving spouse wishes to retain the home and there is a mortgage, he or she would need to renegotiate the terms with the lender if he or she was not on the lending agreement, the same applies to a…
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…
It depends on the state you live in. If the married couple resided in a community property state at the time of the spouse's death the surviving spouse might be held accountable for debts incurred during the marriage solely by the deceased. The premise of community property states is, that all debts and all assets obtained during a marriage belong equally to both parties.
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.
The surviving spouse is only responsible for creditor debt if the accounts were jointly incurred during the marriage unless that debt is considered a bill of necessity (i.e. medical and utility.) In some states you have to be married at the time the debt incurred such as IA, NH, MA, AZ, CT, and SC and in most when you get married the "bills of necessity" become the responsibilty of both parties no matter who puts…
Could creditors claim from a deceased estate if bankruptcy of the recently deceased occured 20 years ago?
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…