0
Is new york state subject to probate procedure for credit card debt?
Wiki User
∙ 14y ago
Yes. A decedent's estate is responsible for the debts of the decedent.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Your father passed away so what do you do with his credit card accounts?
They are included in the state probate procedure. When the deceased's estate (debts and nonexempt assets) is filed with the probate court, creditors will be notified and given a specified amount of time to file a claim. A qualified attorney is usually required as probate procedure can be complicated and costly.
When is a probate procedure required in a family death in the state of kansas?
A probate procedure is required when the decedent owned any property in their sole capacity.
When is a probate procedure required in a family death in the state of Massachusetts?
Generally, a probate is required if the decedent owned any property.
If a person dies in Florida leaving credit card debt and the home goes to the spouse is half of the home subject to probate and collection by the credit card companies?
no in the state of Florida the homestead is exempt from all creditors
What has the author George A Henry written?
George A. Henry has written: 'Henry's Indiana probate law and practice' -- subject(s): Probate law and practice 'The probate law and practice of the state of Indiana' -- subject(s): Inheritance and succession, Probate law and practice 'The probate law and practice and the laws of succession of the state of Indiana' -- subject(s): Accessible book, Inheritance and succession, Probate law and practice, Succession and descent
Who is responsible for the deceased's credit card debt when probate procedure is not required?
If the estate is not subject to probate procedure the personal representative should inform creditors of the death of the person and the deceased's financial status by means of a simple affidavit. Unless checking accounts and other assets (insurance benefits, bonds, stocks, etc.) and property are exempted under state laws, they are subject to creditor action. The best option is to consult with a qualified estate attorney before spending, transferring, distributing or taking any action regarding the personal and/or real property of the deceased.
What has the author William Fenton Myers written?
William Fenton Myers has written: 'Brief on procedure in the Surrogate's court' -- subject(s): Probate law and practice, New York (State), New York (State) Surrogates' courts
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
Who is responsible for a deceased person credit card debt in California?
California is a community property state, therefore if there is a surviving spouse he or she is responsible for all outstanding debt including credit card accounts even if the decedent was a sole account holder. If there is not a surviving spouse the credit card debt will become a part of the probate procedure and will be handled according to the state laws of distribution of an estate.
Are you responsible to pay a debt in NC if your spouse dies and has a will and leaves credit card debt with cards in her name only?
No. NC is not a community property state. Therefore the debt belongs completely to the deceased. Probate procedure for collecting and distributing assets and paying debts, are governed by state law.
Can you sepena records in a probate case?
Yes, you can have the court issue a subpoena in a probate case. The procedure for issueing subpoenas vary from court to court across the United States and may even vary within a state from court to court. If you wish to issue a subpoena, you should check with the local Rules of Civil Procedure for the court handling the probate.
Is the suriving spouse responsible for her husband's credit card debt?
If the couple resided in a community property state at the time of the account holder's death the surviving spouse is responsible for repayment of the debt owed. If the couple did not reside in a CP state the debt will be included in probate procedure and handled according to the state's laws of distribution of an estate.
