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In Texas is the surviving spouse responsible for department store debt still owed?
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∙ 15y ago
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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.
Are you liable for your late husband's debts?
Perhaps. The extent of liability of a surviving spouse depends upon the laws of the state in which the married couple lived at the time of the person's death and the type of debt(s). Joint accounts/debts are always the responsibility of the surviving spouse. Married couples who reside in community property states are generally equally liable for all debts incurred during the marriage regardless of which spouse is the actual account holder and when a spouse passes away. Two "CP" states have exceptions to the rule, those states are Texas and Wisconsin.
Can a husband be held responsible for the amount owed on a repossesssed vehicle that is solely in the wife's name when she has no job or assets?
The spouse would only be responsible if the married couple live in a community property state. Community property states treat marital debt as joint regardless of which spouse incurred the debt(s); (Texas and Wisconsin attribute marital debt responsibility differently than do the other CP states).
If you and your spouse have separate credit card accounts are you liable for your spouse's balance if he defaults?
The extent of liability depends on whether the married couple reside in a community property state and if so, if the accounts were established during the marriage. Married couples residing in community property states, other than Wisconsin and Texas are usually equally responsible for debts regardless of which spouse is the account holder.
Is one spouse financially responsible for the other spouse's credit card debt?
Only on joint accounts are both spouses responsible for repayment of the debt. Unless, they reside in a community property state, if so, they are both responsible for debts incurred regardless of which one holds the account. Wisconsin and Texas treat some spousal debts differently when it pertains to community property laws. Some states have rather odd laws that might hold a spouse accountable if the debt is related to "living neccessities". These statutes are seldom used by creditors; if cited it is unlikely the plaintiff could provide the necessary proof.
Is the surviving spouse responsible for medical debt left behind in Texas?
In Texas, the estate must resolve all debts including medical bills. Until that is done, the spouse cannot inherit anything.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
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.
Is the surviving spouse liable for the deceased spouse's debt if their name is not on the account?
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.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
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/
Is the surviving spouse obligated to pay medical debt after the death in Texas?
Yes!
Can a credit card company collect from you after your spouse's death in 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.
Is surviving wife responsible for medical bills of deceased spouse in the state of Texas?
The estate is responsible for the medical bills. And since the wife is likely to inherit the estate, it sort of seems like the same thing, but there is a subtle difference. You should consult a good probate attorney.
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
What happens in Texas to the entire estate if a spouse dies without a will?
If all of the decedent's descendants are also descendants of the surviving spouse, then the surviving spouse gets everything. If not, then the surviving spouse gets to keep her half of the community property and also gets a life estate in one-third of the decedent's separate real property and 1/3 of the decedent's separate personal property (which includes cash). The surviving spouse also gets the right to live in the homestead for however long she chooses, until she abandons it, but she must pay the interest on the mortgage and taxes with respect to the home. The decedent's children get the rest, and they are responsible for principal reductions on the home mortgage and any insurance.
In Texas Is a spouse responsible for the ex-spouse credit card debt?
If the debt was made when they were still married the answer is yes. STATED BY AUTHOR
Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?
In Texas, the suriving spouse has a life estate and does not have to sell.
