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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 surviving spouse in TN responsible for medical bills?

It can depend upon how the admission papers were worded or what kind of written agreement the family had with the medical caregivers, but as a GENERAL RULE, no. The deceased's 'estate' and any of its assets, becomes responsible AFTER the payment of any valid medical insurance that was in effect at the time of death is applied.

Your aunt loaned you money then dies Can her husband collect this money?

Answer 1.He has a moral right to her estate and you are morally obliged to pay it Answer 2. Answer 1 is correct as far as it goes, but this is not only a moral issue, it is also a simple legal issue. You owe this money to her estate. Your aunt's executor can collect it, and can sue you for it provided that he can prove that the loan was made and you can't prove the loan has been repaid. The executor must then pay it over to the beneficiary under her will. If there is no will, her husband is the beneficiary.

Is the surviving spouse responsible for a deceased spouse's credit card bill if you are not named on the account in California?

Maybe, California is a community property state which means that all assets and debts are joint between spouses regardless of who obtained the assets or incurred the debts. Whether a company chooses to pursue payment of debt accrued under such conditions depends solely upon the creditor.

Is the wife responsible for medical bills of her deceased spouse in California?

The answer is the same in California as other states. The assumption is that the wife inherits at least half, if not all, of the husband'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.

What happens if a repossessed vehicle is from a deceased person?

Cannot imagine that the process would be different than if the person was alive. The estate would be responsible for remaining loan amounts.

Can a child be forced to pay a parents unpaid taxes I Just found out my only parent hasn't paid filed in 20 years could the IRS hold me responsible if there is money owed after my parent passes?

The IRS would take any assets in the estate to pay the decedent's personal tax debt. If there is a family business involved that would complicate the situation and may increase your exposure.

As POA am I resposible for my mothers debts who is still living?

You are not personally responsible. If you have committed fraud or been negligent in handling the funds they could sue. But the debt remains that of the mother.

Can a personal representative on an estate file bankruptcy on behalf of the estate or on behalf of the deceased to avoid paying back taxes?

Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.

If you lend money to someone and they want to pay it back as part of their will out of their estate how should this be documented?

==One Answer== That promise should be expressed in the debtors last will. However, since that cannot be adequately monitored (a person can change their will at any time) the agreement should be drafted by a attorney to make certain the agreement will be effective at the time of death of the debtor. It should be signed by both parties, witnessed and notarized. It must then be kept in a safe place. IF the debtor has any assets at the time of death and the estate is probated then the original must be filed with the court as a claim against the estate.

Who pays the loan on my mother's house after her death?

The estate pays the cost to maintain the estate. The house may have to be sold if the mortgage cannot be paid. If someone wants the house, they may wish to pay the mortgage.

What happens if family member dies who is responsible for the bills?

Then someone else has to assume that responsibility.

If you mean what happens if the only employed person dies, then you'd need to refer to local social welfare regulations in whatever country you live in.

A judgment is coming against you in the near future. You now purchase land with owner financing. Could this down-the-road judgment force the land to sell considering the funds you used to purchase?

That depends on the laws in your state. Generally, if the debt is large enough to justify the cost of a siezure and sale and if there is enough equity in the land the judgment creditor could sieze the land and keep it or sell it. However, if there is a recorded mortgage prior to the judgment the land will be subject to that mortgage.

On the other hand the judgment creditor could simply record the judgment lien in the land records and keep it updated. Under those circumstances you couldn't refinance or sell the property without paying the lien.

If the deceased owed the IRS can the IRS garnish the surviving widow SS survivor benefits?

Generaly not unless there is a jointly filed return. There are special circumstances ie. community property states and transfers of estate property to the surviving spouse.

Does the executor of an estate have to pay the debts of a beneficery with the inheritance of that beneficery or can he just distribute the inherintace an let the beneficery be responsible for paying?

The executor distributes the money to the beneficiaries after the estate's debts have been settled to the satisfaction of the court. Each beneficiary is responsible for what they do with the money. There is no requirement, and it would be detrimental, for the executor to play bookkeeper and accountant and pay of the debts of the beneficiaries of the estate.

Can an adult son sell his deceased parent's car to obtain money to pay for funeral expenses?

If he is appointed executor of the estate. If the car is the only asset, there are usually some short forms that can be acquired to transfer title. Consult a probate attorney in your area.

Who has first claims to an estate without a will?

Typically the intestate laws are very specific. The money normally goes to the spouse and children. After that the siblings and parents inherit.

When parents die who pays mortgage?

The estate of the parent 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.

However, a mortgage runs with the land. If it is not paid, the lender will take possession by foreclosure.

In Massachusetts is a surviving spouse responsible for deceased husbands credit card debt?

Indirectly. The estate of the deceased husband is responsible for resolving all of his debts. Since the widow is going to be the primary beneficiary of the estate, she will inherit less because the estate has to pay the debt.

If a person has been granted the administration of estate of the deceased is he or she obligated to pay the deceased debts?

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Is the surviving spouse responsible for medical bills of the deceased spouse in Indiana?

Indiana is pretty much the same as other states. The assumption is that the wife inherits at least half, if not all, of the husband'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.

Can you get child support arrears from estate when parent dies?

You can make a claim against the estate. It is certainly a debt that the executor must take into account when liquidating the estate. The amount of assets will determine if your receive any or all of the money.

Am I responsible for credit card debt or tax debt on death of spouse?

The estate of the spouse is responsible. IF both are on the same checking account then the FULL amount of that checking account can be considered the spouses estate too. Even if the account is closed just prior or just after death, then the amount in the account months prior is still considered a portion of the estate.

Who pays your debts if there is no estate or will?

All the more reason to open an estate. The estate has to pay all of the debts off if possible. If the estate doesn't have the assets to do so, they distribute as best they can. If the court signs off on the distribution, the debts are ended.

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