yes, but you would have to go thought probate and any debts owed by the estate of the deceased have first claim on any assets, and/or proceeds from the sale of said assets.
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
yes.
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
In Nebraska, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.
To cash a check made out to "the estate of" a deceased spouse, the surviving spouse typically needs to open a bank account in the name of the estate. This may require obtaining a death certificate and a court-issued document, such as Letters Testamentary or Letters of Administration, which appoints the surviving spouse as the executor or administrator of the estate. Once the account is established, the surviving spouse can deposit the check into that account. Consulting with a probate attorney can provide guidance on the specific steps and legal requirements involved.
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
Yes, that is the reason for probate, it so that titles can be transferred to the beneficiaries.
From the remaining spouse, no. Collecting from the estate depends on many factors. The laws pertaining to real property and/or survivor rights take precedence over probate proceedings. A determination on what creditors might be entitled to can only be made after the deceased financial status has been compiled.
How do you refer to the spouse of a deceased spouse? Deceased husband is John Doe; surviving spouse if Jane Smith. For example, "please attend a dedication honoring John Doe, ? husband of Jane Smith.
In Arkansas, a surviving spouse is generally not responsible for credit card debt that is solely in the deceased spouse's name, unless they co-signed or guaranteed the debt. However, if the debt was incurred during the marriage and is considered community debt, the surviving spouse might have some responsibility depending on the circumstances. It's important to consult with a legal expert for specific advice related to individual situations.
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.