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Debt Responsibility

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

1,506 Questions

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.

Why does an estate need to be set up if there is a surviving spouse?

If you have no children and you arrange to have all your property held as joint tenants with the right of survivorship then you don't need a will or probate when you die.

However, you should consider what will happen to your property in the case of a simultaneous death, or, upon the death of the surviving spouse. If you have no will the state will distribute your property according to the laws of intestacy after your debts are paid.

You can check the laws of intestacy at the related question link provided below.

What happens to the estate of a parent who dies and leaves a lot of debt?

Debts are one of the primary reasons someone should open an estate. 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.

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.

Are children responsible for parent's debt after the parent dies according to Michigan probate law?

In Michigan 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 Michigan for help.

Are parents responsible for 17 year old deceased child medical bills?

Generally, yes. If you are not able to pay you should contact the hospital to see if there is financial assistance available. If the bills are high or due to some kind of accident you should consult an attorney who can review your situation and determine what your options are.

Are you responsible for your husband's debts if you are not listed in Texas?

In many cases they will be held responsible. They are deemed to have benefited from to goods and services.

Am i responsible for my wife's former debts?

If you are now married, your dealings are entwined. If she has passed away, 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.

What if you owe debt to an estate?

You must pay the estate unless the testator mentioned the debt in the will and provided that it didn't need to be repaid.

Is surviving spouse responsible for debt of deceased spouse in Florida?

Indirectly, the spouse is going to pay the debts, either by a smaller inheritance or as a beneficiary of the goods and services purchased by the spouse. The estate of the deceased is responsible for the debts.

Can irrevocable trust be involved in lawsuits?

Yes. The trust would be represented by its trustee in the suit. However, the trustee would not be personally liable.

What do you do with deceaseds bills?

They are the responsibility of the estate. They are either paid or the creditors are left without payment.

My brother dies in Texas and has no assets am I responsible for his credit cards and other personal debts?

Your brother's estate is responsible for payment of his debts. If there is no estate then his creditors are out of luck. You could send any bills back along with a copy of his death certificate.

What happens when someone dies with assets?

After the payments of their debts, their assets are distributed to their heirs under the provisions in their will or by the laws of intestacy if they have no will. You can check the laws of intestacy in the US and the UK at the related question link provided below.

If judgment is in husband name is spouse responsible?

No. Not unless the creditor can prove the debt was for items you both used.

How long is the executrix responsible for the medical bills of the deceased motherin New Jersey?

The executrix is not personally responsible for the medical bills. The estate has to pay off the debts. As long as the estate can pay them, they have to receive and pay the bills. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

Is my mother responsible for my deceased father's medical bills?

The estate of the deceased is responsible for the debts. Your mother will indirectly have to resolve the debts before the assets are released.

Death of a spouse credit card debt?

My husband has several credit cards in full swing...He pays on them...To

whom the are for I don't know or what has been charged on them....

In no way can I pay for these after his death....what can I do....

If your ill mum dies are you responsible for her debt?

if she has a spouse than no but if she dose not the bank will take care of it

Can an administrator be held responsible for debt of an estate to be paid out of the administrator pocket?

In most cases the debts of the deceased are the responsibility of the estate. If the house is an asset in the estate, yes, it may have to be sold. 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.

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