Generally speaking, the estate is responsible for the debts of the decedent. If a person owned any property at the time of their death that property comprises the estate and their estate must be probated. Depending on the size of the estate, many jurisdictions have less formal procedures for small estates. The decedent's debts must be paid before there can be any distribution to the heirs. If the assets of the estate are not sufficient to pay those debts the estate is declared to be insolvent. There is no liability for personal debts if the estate cannot pay. The lender can repossess property in the case of any secured debt such as one for the purchase of an automobile. Of course, in the case of a mortgage, the lender can foreclose and take possession of the property.
Creditors have a statutory period in which to file a claim against the estate. State laws vary. You need to check the laws of your state to determine if any special provisions may apply. In community property states, credit accounts opened in one name during a marriage may automatically become joint accounts. The situation changes in the case of JOINT account holders. If you are a joint account holder or co-signer with the decedent then you will be held responsible for full payment of the outstanding balance.
Note that many creditors will try to get payment from heirs. Check with an attorney before making any payments toward any debt of a decedent. If there is no estate, most creditors will close the account upon the receipt of a death certificate. Once a death certificate is received by the creditor along with a letter explaining that there is no estate, creditors usually forgive the debt, close the account and write it off. In the case of a persistent creditor, an estate may need to be filed even if there is no estate in order to satisfy the creditor that the debtor has died and there is no estate.
The credit card company will first try to collect from the estate. Creditors are not allowed to put the extra debt baggage on survivors if the estate is insolvent. Creditors will most likely close the account and write it off when they receive the death certificate and has filed a claim in probate towards the estate. Only way the survivors are responsible for the debt is if they want to pay off the debt themselves or if they are the joint owner of the debt.
I just went through Probate court with my Grandma's estate and she had no estate to resolve so Creditors had to close the account and write it off. They are not allowed to come after heirs because they are not responsible for the debt because they are not co-owner or a co-debtor on the debt.
If the person who died owns a car and owes money to the bank, then the bank will repossess the car and auction it off. The difference between the loan and how much they got in the auction will determine if they will file a claim on that person who died on their assets to make up the difference.
See the related section from the Ohio Probate Code:
(B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address.
(C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to2117.42 of the Revised Code with reference to contingent claims.
More input from FAQ Farmers:
All plaintiffs have to prove their case to the satisfaction of the judge or jury. When someone is sued for a debt,information concerning the collection of the debt will already have been offered to the defendent. It would be in the form of a letter informing the debtor they have 30 days to request validation. They do not have to impart any other information until they appear in court. In cases of creditor suits they would not go to court without substantial proof.
In nearly every lawsuit other than small claims, you are entitled to conduct discovery. This can include depositions, submitting written questions that must be answered under oath and inspection of documents. If the opposing party refuses to produce the evidence, then you can bring a motion to compel and possibly sanctins. If some cases, refusal to obey the court's orders can result in dismissal of the case or issue sanctions.
The short answer is no. Narcissism is not caused in adulthood. There is nothing one adult can do to another adult that will cause something as serious as narcissism. The adult psyche is far too well established and functional to be destroyed in the way one with narcissism has their psych destroyed. For proof just look at all the survivors of the Jewish concentration camps. If any amount of mistreatment could cause narcissism it would surely show up there.
The children are not personally responsible. The property will have to be sold. This allows the mortgage to be cleared and the debts paid before the family will get anything.
If your spouse has a good credit record that lender should approve. However, you will need to discuss it with the lender.
No, not unless you are otherwise liable for the debt. Surviving a decedent has nothing to do with liability. However, if you had an obligation to support the decedent, you may be liable for that person's "necessaries." If you are the decedent's surviving spouse in a community property state, your half of the community property might be liable for the debt, but you, personally, would not be liable. The person's estate (if any) would be used to pay creditors in a specific order, but that assumes the creditor will take the steps necessary to enforce the debt.
EDIT TO ABOVE: Depending on your state, the surviving spouse may be liable for a decedent's debt, even if it was in the decedent's name alone. It really depends on the laws of your state. However, state laws may also place a limit on the liability of the surviving spouse.
It could depend on what kind of taxes. If it's US Federal or state income tax, only the person(s) signing the return are liable. If it is property taxes, the house will be sold at auction after it is seized by the tax collector. The IRS/State can take the filer's property, real or personal to be sold for back taxes.
More input from FAQ Farmers:
Only if the couple reside in a community property state and that is where the financial transaction took place.
A proof of claim is filed by a creditor of the decedent. That claim must be paid before any assets are distributed to the heirs. A Proof of Claim is a form that a creditor submits to the court to get paid.
You can petition the probate court to replace them. If the executor is another family member, they may appoint an attorney or bank to serve as executor.
The question is do you have valid grounds to win a lawsuit? The charge of harassment is very subjective. The FDCPA does not apply to original creditors. The majority however adhere to the regulations because it is good business practice. If you sue and lose, you end up with more expense added to the original debt. Be that as it may, you can contact and attorney who specializes in creditor and debtor issues. Most offer free consultation or at a minimal fee. Or you can contact the clerk of the circuit/civil court of jurisdiction for procedural information.
No you are not responsible, but if your parent(s) left a Will and you are named Executor (male) Executrix (female) or someone else is and you are heirs in the Will (highly possible) then the Estate of your parent(s) meaning house, property, summer homes, monies, stocks/bonds, savings in banks, etc., will have to go to Probate. Probate makes sure that all taxes on any property are paid and all out-standing debts are paid first. What is left is divided according to the wishes of your parent(s) in the Will. It take approx. 1 year (or less) to Probate a Will. If you are named Executor/Executrix you will be informed, and if you are an heir in the Will you are entitled to a copy of the Will. Don't count on the fact that you were estranged from your parents and you're not in the Will because they can do odd things for their kids. My mother and I were estranged due to her having Dementia, but I was left money in her Will although she told me I would never see a cent. If in doubt, always see a lawyer to be sure you are in the Will as an heir and if not and you feel you are entitled to your share then you can "contest the Will" which can hold up the Will for 3 years or more depending on the amount of monies or properties (including business') left behind. If you have greedy siblings or relatives they really don't want to go down that road of contesting a Will ... they want their money now! They would be more than willing to settle with you. It's worth seeing a lawyer to be sure what you are entitled too. Hope things work out for you. Marcy
The base assumption is always going to be that that the other spouse inherits the other's assets. But the estate has to liquidate all assets before they can transfer them to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
Definition: (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing. * The judge decides whether or not a hearing is held ex parte, not the individuals involved in the matter. As noted, it generally involvedsRO/PO's where the order is granted, without the alledged offender being present. The alledged offender must be notified that a TRO has been issued before the order is considered valid. It is not necessary to obtain an attorney to file a restraining order a no contact order or a protective order, all similar actions regulated by the laws of the state in which the complainant resides.
A " P G " must be in written form... and notorized in order for it to be valid for a debtor to collect against...
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Once the divorce is final - the non-working spouse is no longer eligible for coverage. Claims would be denied. The ex would be elibible for COBRA though. For more details see http://www.steveshorr.com/dependent.definitions.htm www.steveshorr.com/cobra.htm
Executor (male), Executrix (female) has the right to refuse this duty. It is best to seek legal counsel and one of you can take over the duty. It is best when making up your own Wills that you name more than one person as either Executor or Exectrix (or both.) In some cases, and depending on what State you live in this Estate can go to a "Trustee" and they will deal with it and you have the right to have a copy of the Will and be contacted if there are any problems with the Will. After Probate and all creditors and taxes are paid (can take up to one year) then the person "Trustee" can gather the heirs in the Will and distribute the money.
royal taxes fuedal dues work taxes and two more that im not sure of
If your mother had a Will and owned a house or property (even a car) then this is considered an Estate and would have to go into Probate. Probate makes sure all creditors, taxes, etc., are paid before any monies or property is distributed to an heir or heirs.
If the couple resided in a community property state at the time of the account holder's death the surviving spouse is responsible for repayment of the debt owed. If the couple did not reside in a CP state the debt will be included in probate procedure and handled according to the state's laws of distribution of an estate.
Yes. The estate is responsible for all debts, including medical bills.
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