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Debt Responsibility

Questions relating to the responsibilities for debts left by an individual that has died.

1,506 Questions

Is a husband responsible for deceased wife's medical debt in Alabama?

Yes and no. Alabama is not a community property state, so the only way he would owe anything on those bills is if he put himself up as a guarantor over the medical expenses. It is common practice for hospitals to try to get spouses into that position.

What happens when your parents are deceased and there is no money left in the estate to pay for medical bills?

If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.

Have been married 2 years husband has cancer have no jointly owned assets Are you responsible for his medical bills?

In most cases the debts of the deceased, including hospital bills, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

Do you owe my deceased spouSE debt?

Depends on the State, however any deceased persons assess would be drawn down on their assets through probate. This means that if you held joint assets with the spouse; ie., home, banking, investment accounts, then what every value therein is up on the table for the creditors. In those States that have community property laws your at 100% risk of loss, however non-community states your risk is 50%.

Are you responsible for his debt after his death?

In most cases the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.

Does an estate have to sell real property to pay decedent's credit card debt?

If creditors have filed claims against the estate and there is no cash to pay the claims then the real property must be sold to pay the debts. The debts of the decedent must be paid before any property can be distributed to the heirs.

If you surrendered a RV can you be held responsible for debt after it is sold?

Yes, you are responsible for the difference in the balance you owed and the amount they sold it for.

i.e.: owed 50,000, they sell it for 30,000; you still owe them 20,000.

What debit am i liable for when Married in community of prop and husband deceased?

The only debt you're liable for - is anything in joint names. Any debt solely in his name died with him.

Who is responsible for the bill if your stepmother died in Kentucky and owes her nursing home a debt?

Her estate is responsible for all debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

When a man and wife are separated and the man is paying court ordered spousal support if the man dies is his wife still intitiled to any share of his estate?

If the couple was still married at the time of the death then the surviving spouse has a right to a portion of the estate under the state laws of intestacy. You can check the laws in your state at the related question link provided below.

Who is responsible for the medical bills if the decedent left a will?

If there is a will the will should name an executor and the estate must be probated. While the "estate" is liable for the bills, it is the executor who is authorized to settle them out and pay them once they have been appointed by the probate court. The debts must be paid before any property can be distributed to the heirs.

Who pays credit card debt if you die?

The debt will be paid from your estate. If there isn't enough, then the debt is discharged. The debt itself will not pass on to next of kin but a sizable debt might mean none of the deceased's estate does either.

Is it legal to live in the decease's house before the estate is settled?

It is certainly legal to do so. The executor must decide on what is appropriate and may charge rent.

If you inherit a house can creditors take that house to pay outstanding debts?


Most states provide some form of homestead exemption against creditors for your primary residence. However, the amount protected varies by state. The inherited property may be vulnerable to your creditors. Your creditors may seek judgment liens in civil court and may be able to record those liens in the land records thereby preventing a refinance or sale until the liens are paid. You should consult with an attorney, perhaps the attorney who is handling the estate.

Is your home part of your estate?

If you own your home at the time of your death it will become part of your estate.

If the title is held jointly with another person the title will pass automatically to that person at the time of your death and the home will not become part of your estate.

Does mortgage insurance pay off the loan in the event of a death?

That is typically one of the contingencies that mortgage insurance will pay. The other tends to be when someone loses their job.

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