Bankruptcy is an extremely complex area of law. You should have the situation reviewed by the attorney who is handling the estate. Perhaps you could also contact the attorney who handled the bankruptcy to determine if the process was completed and if you could obtain a list of the creditors who were addressed in that proceeding.
An executor cannot file for bankruptcy in the name of the decedent.
The events from before the bankruptcy filing or discharge make no difference to anything incurred after. It is not a lifetime forgiveness!
A decedent's estate is made up of any property they owned at the time of death.
Life Insurance and EstatesNO, not if the named beneficiary is not deceased. The proceeds of a life insurance policy belong to the named beneficiary not to the deceased. It should not under any circumstances be included in the estate of a deceased or the probate process. If no beneficiary is named or if all beneficiaries are deceased then their is no alternative. When their is no named beneficiary then the value of the life insurance policy reverts to the insured and must then be included as part of the deceased estate
If not included in the Will, then nothing. Though you could detest this in court depending on your circumstances.
An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.
By law, it is supposed to be included in the estate and disbursed along with funds from the sale of property.
Generally, you can't sue a dead person. You would have to sue their estate.
The estate can earn dividends on a bank account. The executor is responsible for making sure this happens and it gets included in the estate.
Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.
If the card was only in the deceased's name AND the surviving spouse was not a listed authorized user AND the surviving spouse never used the card for his/her own purchases, the spouse is not responsible for the debt. The estate is liable for the debt, so no assets of the estate can be distributed to the heirs at law or by will until the debts of the estate have been paid. If the debts exceed the estate's assets, it may file for bankruptcy of the estate under state law. Consult a local experienced bankruptcy lawyer.
In your case, no, the proceeds will not be included in the estate of the decedent. Since you were the named beneficiary the proceeds pass directly to you. Of course, upon your death they will be included in your estate. Whether or not a judgment against your husband will allow the other party to go after your assets is obviously a more complicated question. But the life insurance is not part of his estate.