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The estate is responsible to pay outstanding debt before being distributed to the heirs.

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Q: 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?
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Related questions

How do you transfer vehicle title when owner deceased and no will?

You open an estate. That is the purpose for the estate, to transfer property and resolve the debts of the deceased.


Can a sibling destroy a deceased siblings will?

Not legally. It would be interferring with the transfer of property and could result in criminal charges.


Can an sister-in-law sue for property that was signed over to the husband who is now deceased?

If the sister-in-law is the wife of the deceased husband and the property was signed over to him before his death, then she may have an interest in it that give her a right to seek possession of it. If the sister-in-law is the sister of the husband who is now deceased, then the specifics of the property transfer and of the husband's will, among other things will determine whether she has any rights to the property. Consult a lawyer who is licensed to practice where the property is located.


Do you need to do a Succession in two states if you have property in both states?

The probate process is called Succession only in Louisiana. The answer is YES, it is necessary to file a Probate in any other state in which the deceased owned property. This is necessary in order to transfer the ownership interest of the deceased to the heirs.


How do you transfer a deceased ex spouse's property to yourself with a mortgage?

You cannot transfer another person's property to yourself by using a mortgage. You need to seek advice from an attorney who specializes in real estate and probate law who can review your situations and explain what needs to be done.


Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?

In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.


Can a co-signer be removed from a title?

No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.


Does the person quitclaimed to the deed responsible for the loan?

The person who signed the mortgage is responsible for the loan. They must notify the lender if they transfer ownership to someone else and the full balance will be due at the time of the transfer. If the mortgage isn't paid the lender will take the property.


Can you please give the wording for a deed transfer when one of the spouses is deceased?

It is called Rights of Survivorship.Rights of Survivorship~ the property automatically transfers to one spouse upon the death of the other.


Why do people do a quitclaim deed on their properties?

In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.


Can the joint property holder transfer the property?

Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.


Can a lender still place a lien on your real estate property if you have grant deeded over the home to someone else before they placed the judgment?

The answer depends on the details. If it was a legitimate transfer for consideration the lender may have missed its opportunity to attach its lien to the property. However, if it was a transfer for the purpose of avoiding the creditor the court may allow the lien and void the transfer. Creditors are aware of this distinction and will petition the court to protect their rights.