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Is a surviving spouse who did not sign responsible for a loan the deceased cosigned?
The spouse would only be responsible if they lived in a community property state. Even then it is doubtful the contract would be valid if there were an attempt to collect the debt.
In New Jersey is the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Therefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
Who pays outstanding bank loan on personal property which is more than the value of the estate after death in NY State?
The estate is responsible for the debts of the decedent. The property should be returned to the creditor if possible. However, if the assets cannot cover the debts the estate is declared insolvent and the creditors are out of luck.
In Texas is the surviving spouse responsible for department store debt still owed?
Texas is a community property state therefore a surviving spouse usually can be held liable for debts solely incurred by the deceased spouse. Exceptions can be made to this law based upon the circumstances of individual cases
What does the surviving spouse do about the deceased spouse's credit card debt in Florida?
California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.
In Alabama is a surviving spouse responsible for the credit card debt of their deceased spouse?
Alabama is not a community property state, the surviving spouse is not responsible for creditor debt unless he or she was a joint account holder.
What is an insolvent estate?
An insolvent estate is a the property of a deceased individual that has more debts than assets. Often the property must be sold to cover those debts.
Is a surviving spouse and sole beneficiary responsible in Manitoba for the Credit card debt of the deceased?
Unless both spouses signed the credit card agreement, the answer is no. The debt can only be charged against the property of the deceased, but must be fully paid (or paid as much as it can be in the case of an insolvent estate) before anything can be paid to the spouse.
In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?
Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exeption would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.
Is the surviving spouse responsible for his deceased wife's debts in New York?
No, New York is not a community property state.
Are the surviving adult children responsible for paying off the debts of the deceased - including a mortgage - when there is no estate?
If the decedent owned real estate then there is an estate. The estate is responsible for paying debts before any property can be distributed to the heirs. If the assets are not sufficient to pay the debts then the estate is insolvent. There is a statutory order by which debts must be paid in that case.If the children want to keep the house then they must pay off the mortgage. If not then the bank will take possession of the property by foreclosure. The children are not personally responsible for any debts unless they co-signed or agreed to be responsible.
How can you stop a joint account holder accessing the deceased persons funds?
You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.
If there is no money in the estate of deceased family member who is responsible for the credit card debt of the deceased?
If there is no cash in the estate, other personal property OR real property, the estate is said to be insolvent and the creditors are out of luck. However, the sole debts of the decedent must be paid from any property, real or personal, before that property can be distributed to the heirs.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
If you claim insolvent on property of your deceased parents who is responsible for paying the lawyer the deceased parent had for their last will and testimont and probate?
Apparently your parents had a will. They wanted a particular lawyer to probate the will. When they died, they had nothing. In that case, there is no point in probating the will and no one needs to pay to probate the will. If there was property, then the property can be sold. The estate pays the lawyer.
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
Is a surviving spouse who did not sign responsible for a loan the deceased cosigned?
The spouse would only be responsible if they lived in a community property state. Even then it is doubtful the contract would be valid if there were an attempt to collect the debt.
