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Debt Responsibility

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

1,506 Questions

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.

How do you inform creditors and others of death and no estate?

You are required to contact all of the debtors by letter. Advertising in the paper for three months (weeks?) is also required. A full accounting has to be presented to the court as well.

If a person dies and there is no estate what happens to credit card debt left by the deceased?

The estate is required to pay off the debts including credit cards. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

If a person is going to inherit money from a estate and this person owes debt does that have to be paid before the estate gets settled?

Generally, if the creditor discovers that you have an inheritance coming it can attach the inheritance by filing in probate. There are people who regularly monitor new probate filings in many jurisdictions in order to create a data base of heirs that can be checked by creditors for a fee. Not all areas are covered. Your creditor may find your inheritance and it may not. If nothing is filed to notify the probate court of your debt then the administrator or executor can pay over the inheritance to you.

Is a pension paid to a beneficiary an inheritance?

Yes and the distributions from the pension plan will be taxed to the beneficiary in the same way that they would have been taxed to the deceased.

Who is responsible for debt after death in Louisiana?

In Louisiana the estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

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