In Canadian Law if your brother left a Will then whatever he has in his Estate will be Probated and ALL creditors will be paid off first and the residue of that Estate will go to any heirs in that Will. If you brother left no Will (minor or in their 20s - 30s) then you are still not responsible for his credit card debt, but if he has a wife then yes, she could well be expected to pay for this debt. * In the US all debts are included in the deceased estate and are handled according to the probate laws of the state in which the person was a resident at the time of his or her death. Surviving family members are not responsible for any debts of a deceased person unless they are a joint account holder or have accepted the responsibility through a written (not verbal) agreement, such as medical bills, funeral expenses, and so forth. The exception in some instances is a surviving spouse when the couple resided in a community property state. Likewise, family members are not legally obligated to communicate with creditors of the deceased unless they choose to do so or are the administrator of the estate.
You should call the credit card company.
The account should be presented to the executor of the estate (not just a family member) before payment. That is, unless the deceased paid the bill before dying--then it goes through.
Always. There's nothing more appropriate than keeping it in the family. Hope that helps! :)
Generally, the deceased parent's estate is responsible for the debts of the deceased. The creditors should be notified of the death. If there are any assets the estate should be probated.
Get a credit report on him. Try https://www.annualcreditreport.com/ or www.equifax.com/ and a list of his credit cards should pop up.
When my mother passed they were all addressed to the family or in memory of.
You should be able to establish paternity by testing someone in the fathers immediate family, such as a brother, sister, mother, father, etc...the family of the father still carry his DNA even after he is dead.
No, if the card-holding parent is deceased, the card is no longer valid. If the adult child is part-owner of the credit card account, he/she should have their own card.
That will depend on the wording of the will, it should specify.
It depends on the country you are in, but in the UK, the first claim on the estate is the revenue (ie tax), then debtors - which would include the credit card debt. That should be paid out of the estate of the deceased.
The family should decide who should take that position and that person would file a petition in probate court asking to be appointed Administrator. If no one is interested in making that a family decision then anyone in the family can file the petition to be appointed.
If there is no inheirator of the deceased's estate no one is responsible. However if you have inheireted the decease estate and accepted that then you also have to accept the debt. Payment of debt should come from the estate of the deceased. If the estate of the deceased is without sufficient resources to pay the debts and the deceased does not have joint obligation with anyone, the total of debt should be added together and the estate should be divided equally among the debts. If anything is left after paying all debts of the deceased, the remaining resources can be divided among suvivors or beneficiaries.
The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.
Yes, it IS fraud, and the estate should NOT pay the debt, instead the trustee should turn in the criminal to the credit card company and point out that the estate of the deceased is not responsible for any debt incured after the death date. This would be fraud. I am sorry for your loss, and all of the trouble that you and your family are going through now. God Bless:)
If your spouse has a good credit record that lender should approve. However, you will need to discuss it with the lender.
You should not go to a funeral when your presence would upset a family member or loved one of the deceased. It is not proper or appropriate to attend the funeral of an ex if that person has a new husbad/wife etc.. If you caused pain to the deceased or someone close to the deceased it is best not to go. Remember the funeral is not about you.
Your brother can contest the will or bill the estate for money he beleves is owed to him by the deceased. The judge will decide the validity of the will and/or if the claim against the estate should be paid.
The estate of the second deceased can be sued. A claim should be filed against the estate immediately.
Death should not prevent you from sending Holiday greetings to the bereaved family. If you have already offered your condolences, a Christmas card would probably be welcomed.
Yes, I may let my family members use my credit card as long as I'm with them. Anyway, they can't use it without my signature.
It should not affect your credit unless you signed as a guarantor on any of the agreements. In most cases the debts of the deceased, including funeral expenses, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
The most obvious way would be to check the statements for usage. And all credit cards should be notified as soon as possible of the death of the holder and the accounts cancelled.
The right would be to the immediate family of the deceased person. As you are not legally married to the deceased person, then you will have little or no right. However, the deceased persons family may be happy for you to arrange things, however, you should always check with the deceased's relatives first to save any upset at what is a very sensitive time for all.
no, but she should be no, but she should be