Texas is a community property state and the issue of marital debt is complexed as it is not considered a "true" CP state due to the way in which marital debt responsibility is assigned. In most cases the surviving spouse can be held responsible for the credit card debts of the deceased spouse if the surviving spouse the account even though he or she was not named as an account holder. The best choice is always to discuss such matters with an attorney qualified in the state's probate law.
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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
Only on joint accounts are both spouses responsible for repayment of the debt. Unless, they reside in a community property state, if so, they are both responsible for debts incurred regardless of which one holds the account. Wisconsin and Texas treat some spousal debts differently when it pertains to community property laws. Some states have rather odd laws that might hold a spouse accountable if the debt is related to "living neccessities". These statutes are seldom used by creditors; if cited it is unlikely the plaintiff could provide the necessary proof.
no it is not. they are dengerous
No.
Texas is a CP state, that being the case it might be possible for a creditor to hold the surviving spouse responsible for the deceased's debt if the estate is not adequate for repayment. Whether or not it is viable option for the creditor depends upon the type of debt that was incurred.
She is not directly responsible. The estate is going to be responsible. And since she will likely be getting the bulk of the estate, paying off the debt will reduce her amount.
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.
Yes. STATED BY AUTHOR
The account should be presented to the executor of the estate (not just a family member) before payment. That is, unless the deceased paid the bill before dying--then it goes through.
If the debt was made when they were still married the answer is yes. STATED BY AUTHOR
Yes, in most instances a spouse can be held accountable. Texas is a community property state, both spouses are considered to be equal owners of assets and equally responsible for debts regardless of which spouse incurred that debt.
Spouses are not responsible for their spouses' children. However, the State can and will place liens on assets to collect child support, so the spouse could end up losing money if s/he is a joint owner of those assets.See links below
Texas Credit Union League was created in 1934.
In Texas, common law spouses do not have the same legal rights as married couples. Common law spouses are not recognized as legally married in Texas, so they do not have the same rights to property division, spousal support, or inheritance as legally married couples. It is important for common law spouses to have legal agreements in place to protect their rights in case of separation or death.
The estate is responsible for the medical bills. And since the wife is likely to inherit the estate, it sort of seems like the same thing, but there is a subtle difference. You should consult a good probate attorney.
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