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Is the survivor of a deceased person obligated to pay off any debts that are solely in the name of the deceased?
Wiki User
∙ 8y ago
No, not unless you are otherwise liable for the debt. Surviving a decedent has nothing to do with liability. However, if you had an obligation to support the decedent, you may be liable for that person's "necessaries." If you are the decedent's surviving spouse in a community property state, your half of the community property might be liable for the debt, but you, personally, would not be liable. The person's estate (if any) would be used to pay creditors in a specific order, but that assumes the creditor will take the steps necessary to enforce the debt.
EDIT TO ABOVE: Depending on your state, the surviving spouse may be liable for a decedent's debt, even if it was in the decedent's name alone. It really depends on the laws of your state. However, state laws may also place a limit on the liability of the surviving spouse.
Wiki User
∙ 8y ago
Wiki User
∙ 12y agoYou are not responsible for anothers debts. The only thing I could see would be if there was a loan on the insurance policy, then the insurer could keep some of the monies.
AnswerSee an attorney for a quick consult (probably free) and you will be sure, but where I live, the life insurance belongs to the beneficiaries and is not part of the estate of the deceased. The insurance money won't come into their hands fast enough to pay the funeral expences, but they may use it to pay that bill if the funeral expences are charged.One other important thing is to get lots of official copies of the death certificate from the funeral home. Each of the companies the deceased owes money to will want a copy of the death certificate. If no one else was on these accounts and there were no assets, there is nothing to pay the bills with. A letter and a copy of the death certificate will end these bills.
Remember to not pay toward these bills with your own money and don't say that you will pay them when the insurance comes in. Doing so can make you liable to pay all of the bill. Just tell them that the person is deceased and that there was no estate to probate.
Life insurance benefits are not subject to probate in any state, nor can they be attached by creditors or for burial expenses of the deceased. Such benefits belong solely and completely to the named beneficiary.
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Do credit cards of the deceased have to be paid if solely in their own name in Pennsylvania?
I'm not an attorney, but it would make sense that if the person has any assets at all, the first thing that should happen is that they should cover the person's debts before anything else. Then it becomes a question of whether or not a person's heirs are obligated to pay a deceased person's debts if the deceased person didn't leave enough assets to cover them. I don't think debt should be inherited; this is a risk people take when doing business.
Who is responsible for medicals bills if that person dies and the bills is solely on his name?
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.
In New Jersey is the surviving spouse cars solely in the deceased names?
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
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?
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.
Single parent has will leaving estate to two adult children One child dies before parent Will is not changed Does estate go solely to remaining child or does estate of deceased child receive half?
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
If a credit card is solely in the name of a deceased wife is the husband responsible for the debt?
Only if the married couple resided in a community property state.
What do you call a person that travels solely for food?
A teenager
Does a bank account get investigated after death when in probate?
It depends upon the way the account was established. If the account was joint then there are not legal grounds for an audit. If the account was held solely by the deceased and withdrawals or transfers were made after the person's death or during a time when the person was incapacitated by someone who did not hold a POA or conservatorship, questions will be asked.
In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
What debit am i liable for when Married in community of prop and husband deceased?
The only debt you're liable for - is anything in joint names. Any debt solely in his name died with him.
Is the surviving spouse responsible for debt created solely in the name of a deceased when there are no assets to be sold by the estate because there were none in the deceased's name only?
Depends on the state you live in. If it is a community property state, all debts and assets are considered to belong to both spouses. If not, then only the person who signed the contractual agreement is responsible. However, jointly titled assets are not necessarily exempt from creditors. It depends on how they are held and what they are.
Is surviving spouse responsible for a mortgage that was solely taken out by the deceased spouse?
If the person wishes to keep the residence then he or she will need to reaffirm or assume the loan with the mortgage holder. Real property debts such as homes and vehicles are not treated the same as unsecured debts when it relates to the death of the account/property holder.
