0
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
Wiki User
∙ 17y ago
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
Wiki User
∙ 17y ago
Add your answer:
Earn +20 pts
Is the surviving spouse responsible for deceased spouses real estate loan in the state of Illinois?
It depends on whether they were listed on the deed. Most courts would rule that the spouse benefited from the debt and can be held responsible. The estate has to sell the property or settle the loan before she can inherit anything.
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.
Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death. If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
Can someone press charges against their spouse for using their individual checking account in Florida?
If the spouses name isn't on the account, it's illegal. If the spouse signed your name, it's forgery.
What happens if an executor does not have the funds to pay off deceased bills?
The executor's duty is to apply the deceased's assets, to the extent that it is possible towards meeting the deceased's liabilities. In the even of insufficient funds, after funeral and testamentary expenses - typically costs incurred post mortem, the outstanding bills are paid pro rata. The heirs, especially dependent spouses and children would get nothing. Effective estate planning would reduce the possibility of dependents being left high and dry.
Can the surviving spouse's wages be garnished for the deceased spouses medical bills?
No - the surviving spouse is not liable for the deceased person's bills !
If the deceased husband has vehicles in his name how do you get them in the spouses name?
You have to apply to a court for probate on his estate.
Is the surviving spouse responsible for a deceased spouses medical bills in the state of Florida?
The wife is not directly responsible unless she is on the contract. Florida courts could rule that the spouse benefited from the debts and could be held responsible. The estate has to pay the debts before she can inherit anything.
Is the surviving spouse responsible for a deceased spouses medical bills in MN?
Only if they signed a contract or agreement to accept the responsibility. If not, the deceased's ESTATE becomes responsible for any debts.
Is a surviving spouse responsible for a deceased spouses medical bills in Iowa?
The estate is responsible for all the debts of the deceased. Indirectly the spouse will have to pay them off from the estate before she can inherit.
Is a surviving spouse responsible for a deceased spouses medical bills in the state of Georgia?
YES, if you die, then the next of kin is responsible for your debt.
Is a surviving spouse responsible for the deceased spouses loan in Georgia?
no if they die the money they are owed will be taken out there bank account the remaning will be given out according to there will
Is the surviving spouse responsible for a deceased spouses medical bills in state of Alabama?
In every state, the estate is responsible for the debts of the deceased. Only after they are resolved can the estate be closed any remainder distributed.
What are Colorado laws on surviving spouse and property?
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
What is the GM legacy program?
The GM Family Legacy Program provides eligible children of certain deceased GM retirees and surviving spouses the opportunity to continue.
Are surviving spouses responsible for debt incured by a dead spouse?
In most cases all of the debts of the deceased are the responsibility of the estate. The estate has to clear them up before anyone else gets anything. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.
What happens to the s.s when a person dies?
IF by S.S. you are referring to social security the payments stop when the person is deceased. Surviving children and spouses are entitled to payments depending on the age and circumstances
