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When A person passes away leaves a lot of credit card debt has some property but small estate no probate court can family wait 2 years before transferring property and be clear of debt?
Wiki User
∙ 16y ago
First of all, there should be an estate opened with the probate court. Otherwise the debt is going to hang around. The estate is supposed to settle debts before property can be distributed. Consult a probate attorney in your state for the details.
Wiki User
∙ 16y ago
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Mother has passed she was on a fixed income She had a credit card from a Dept Store Who is liable for this account?
If your mother had a Will and owned a house or property (even a car) then this is considered an Estate and would have to go into Probate. Probate makes sure all creditors, taxes, etc., are paid before any monies or property is distributed to an heir or heirs.
Who is responsible for a deceased mother's credit card debt which is in her name only and property has transfer on death on dead avoiding probate?
The estate is responsible to pay outstanding debt before being distributed to the heirs.
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.
Your mother died in Texas. Are you responsible for her credit card debt?
Your mother's estate is responsible for her debts. Her debts must be paid before any property can be distributed to her heirs. If she left property you should contact an attorney who specializes in probate to discuss your rights and obligations.
Does a will have to be probated in the county of death or residence?
Where a will is probated (called venue) with depend on your state's law. In California, the proper venue for probate of a will is the county of the decedent's residence or any county where the decedent owned real property. Sometimes, a will is probated in more than one state. This occurs where the decedent owned real property in more than one state, say California or Nevada. This is required because only a court located in the same state as the real property may make valid orders as to that property. In this case, a primary probate is opened in one state. This is where most of the work of administration occurs and where the will is "admitted" (think validated) by the probate court. A second probate, called the ancillary probate, is opened in .the other state. This ancillary probate only deals with the property of that state, either transferring it to the designated heirs or liquidating the property and transferring the proceeds to the administrator of the primary probate for final distribution. Due to the full faith and credit act, one the will is admitted in the state of primary probate, it cannot be later attacked when used to open the ancillary probate. Another situation is where the decedent died in one state, say California, but only ones real property in another state, say Oregon. Here, the will normally needs only to be probated in the state where the real property is located, possibly avoiding the need for ancillary probate. There is a bit of a decision on where to probate the will. Cost, time, the administrator's state of residence, and court rules and regulations all come into the decision and an attorney should be consulted. You can see that this system can become complex and not cost effective for persons owning property in more than one state, which is why living trusts are used in these situations. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
Your father died left his property to you in his will and named you as the executor. He has credit card and medical debt. What should you do?
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
How do I transfer the balance on my credit cards?
You will have to talk to you credit card company. They will be able to assist you in transferring your balance on your credit cards.
Do you have to pay credit cards if you are in probate?
Yes, resolving debts is a part of the probate process. Inventory and valuation is another part of the process.
If your mother passes away and has about 30 thousand dollars in credit card debt how do you stop creditors from putting a judgment on the property?
You can't. Any property titled in the deceased name will be included in probate proceedings. The assets will be totaled up and debts will be paid, secured debts having priority. Some property is not subject to probate or creditor attachment. State statutes govern what is included in the estate and what can be exempted from liquidation in paying creditors and taxes.
What is is tenant credit check?
A tenant credit check is what a landlord can request before they agree to let you rend their property. This is to ensure you have a good credit rating and can afford the rental payments.
Who is liable to pay my monthers line of credit if there is not enough money in her estate.?
If there is an unsecured line of credit and there are no assets then the creditor is out of luck. If the line of credit is secured by a mortgage on mother's real estate the lender can foreclose and sell the property. You must probate the estate if there is real estate. In that case, if the debts are greater than the assets then you should seek the advice of an attorney before paying any debts. There is a statutory priority of payment that must be followed by the administrator.
Does a landlord have to have your permission to get a credit report before renting to you?
Anyone who requests a credit report must get your prior permission. This includes a landlord. You must provide he information the landlord needs before they can legally get a credit report, but this is a requirement for a lot of landlords before they will rent you their property.
