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Debt Responsibility
Questions relating to the responsibilities for debts left by an individual that has died.
1,506 Questions
Does the administrator have to pay an heir's debts before the estate is settled?
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.
If nothing else, the spouses Estate would have to pay it, if there was $$$
for more info see www.steveshorr.com/estate.planning.htm
Who pays the credit card debt when the account holder dies?
If the account holder was married and resided in a community property state, the surviving spouse might be responsible. Debts, including credit cards, mortgages, and taxes of a deceased person are handled by their estate, pursuant to state probate laws and federal tax code. The decedent's will (if any) is filed; if no will is found, then the state probate laws of "intestacy" apply. In either case, the court issues a document opening an estate and appointing an executor (or administrator). The executor is responsible for a complete inventory and evaluation of all assets, locating and identifying debts and claims, filing the decedent's and estate's tax returns, and proposes a dispensation of the assets. The court will rule on the dispensation and close the estate when it has a full accounting from the executor. All of the beneficiaries are entitled to a copy of the records and dispensation.
Are children responsible for a parent's medical expenses?
Perhaps, a child's financial obligation to a parent's care, depends on state laws. W/O knowing the state of residence it is not possible to give a more precise answer.
Are you responsible for your husband's credit card debt if he dies but you are not on his accounts?
If you are not currently responsible for your husband's credit card debts, that situation would not change upon his death. Howvever, his estate might be expected to pay off the balance of any money owing. Whether or not that happens depends on how his estate is bequeathed, planned and managed. Speak to your husband about his will, insurance and estate planning (or the lack of such). You may have to take your question to attorney who is familiar with your state's inheritance laws to get specific information.
PA is the only state I have seen with that law. There may be others.
Why is the debt being paid? Was the deceased the only account holder? These things are very important, because ONLY the account holder is responsible for credit card debt. There are a few exceptions, but generally even they can be voided via the appeals process. Therefore, the interest charges are only valid if the debt is actually valid. The party involved might wish to consult an attorney concerning this issue. If the debt was part of the probated estate it should have been paid through the court. An authorized user is NOT responsible for credit card debt of a deceased person. The exception would be if the person continued to use the card after the account holder's death, in which case they could be held liable for those charges only.
That is one of the purposes of life insurance. The answer however is no, it would come out of the parents estate. If there is no estate than the gov could be SOL. BUT!!! It may behoove a child (depending on age) to settle the tab with all creditors and the IRS on behalf of the parent settling the estate with the insurance money rather than relying on a "fire sale" of the estate, and reaping the benefits of the estate at it's market value rather than a forced sale value....depending on the situation tho... 4lifeguild
Who is responsible for paying any bills of your deceased mother?
Hopefully she has left a Will. If she owns a house or property this is called an Estate and this also includes contents of where she lived. Here are two scenerios: If your father predeceased your mother and she is left with a house and the property it is on, plus a vehicle, and she has left a Will, then there would be an Executor/Executrix (male/female) named in the Will. If there isn't then it will be put in a Trustee's hands for Probate. Probate is to make sure all taxes are paid on that property and all creditors are paid and this also includes personal income tax. Once that is done (takes about a year) then the Executor/Executrix or Trustee will inform the heirs of the Will and all monies or property will be divided as ordered in the said Will. If your mother was living on a fixed income and she was renting and had no property and few contents such as furnishings, etc., and no Will, then the Credit Card company is out of luck and will have to take their loses. You are not responsible for the Credit Card companie's loss. I am so sorry for your loss. Marcy
Only the person whose name is on the account is responsible to pay credit card debt, with the exception of married couples living in community property states. In regards to the mobile home, the names on the mortgage are not what constitutes ownership, it is how the property is titled. In order to have real property pass to the joint owner upon the death of the other one, property is usually titled as Joint Tenants With Rights of Survivorship (JTWRS). It is very important that a property title is worded correctly in accordance with the laws of the state, to avoid any legal difficulties.
Who is responsible for any balance if the bank repossessed your father's car after his death?
If your father left a Will, and he had an Estate (house, condo, property, etc.) then the Will goes to Probate and Probate makes sure all taxes on property, also personal outstanding taxes are paid off. It also pays off all creditors. For example: If your father left a Will and he owned a home, or had money in a couple of accounts the Probate would take that money and pay off all creditors (including the bank for the car) and any other debts. Only after this, do you get what is left in the Estate. I do believe the bank had no right to repossess the car after your father's death, but complied with Probate. I would seek legal help on this one.
Debt(s) are not the responsibility of a surviving child or family member other than a spouse which in this case is not applicable. Whatever amount is in the estate that is not exempt under the state law will be used to pay any outstanding debts according to their priority. Secured creditors are always paid first, unsecured debts such as credit cards are considered low priority and if there are no funds available for payment the debt is considered uncollectible. Be advised that there are those unethical creditors who will attempt to coerce surviving family members into taking responsibility forthe deceased debts, they are NOT legally obligated to do so.
Is the surviving spouse responsible for paying hospital bills for the deceased spouse in Wisconsin?
Generally, a surviving spouse is responsible for medical expenses in Wisconsin. However, you should consult with an attorney or an agency that assists elders (if you qualify) to confirm that you are responsible for all bills. If you don't have the resources to pay in full perhaps the hospital will negotiate a lower pay off amount.
Are you responsible for a hospital bill if you never signed as guarantor?
It can be dependent on many factors. The primary insurance holder is always going to be held responsible. The parent of a minor is going to be responsible as well.
Who is responsible for a hospital bill after death?
In the US a surviving spouse is responsible if the married couple resided in a community property state or the spouse accepted the responsibilty by signing a written agreement. If such is not the case and the deceased had no unexempt assets that can be used to pay medical expenses the debt becomes null and void. Surviving children or other relatives are not responsible for the debt unless they signed a written agreement accepting responsibility.
Are adult children responsible for hospital debt of deceased parent?
The deceases "estate" should take care of any medical bills that have gone unpaid. Also Medicare should be paying part of this if the deceased was age 65 or over. Whether or not the hospital can come after family members for this needs to be answered. Surviving family members are not responsible for medical costs of a deceased person unless they entered into a written contract with the care facility.
If you die in the hospital does your family have to pay the bill?
Nah, I'll pay it for you.
Yeah, of course you have to pay your hospital bill. Insurance and health coverage plans can help you out if you need it.
You can also negotiate a lower payment or a payment plan.
The Reverend Paul Jones was robbed and shot twice, leading to his death. Alfonso Graham was charged in the slaying, but his trial ended in a mistrial. He later pleaded guilty to aggravated robbery. He was aided by an unnamed 14-year old, who testified against him.
Zeus had a ton of wives and "lovers". The main one was Hera, though.
In what order should an estate pay creditors?
Most states have laws that categorize types of debts and then gives those categories priorities over one another in a particular order. Usually, all creditors in a class must be paid in full before creditors in the next class can receive anything. Burial costs are at the top of the list.
For example in New Jersey, funeral expenses get paid first, then administration expenses; then debts that may have priorities set by law; then expenses of the decedent's last illness; then judgments against the decedent in order of their priorities; then general creditors. If an estate does not have enough money to pay all bills in full and if the executor pays a lower priority creditor to the exclusion of a higher priority creditor, the executor may be liable to pay that higher priority creditor himself if there is insufficient money to pay all debts.
If the executor is positive that there is enough money to pay all debts then he does have some leeway to pay some sooner than others; but he is not allowed to pay the decedent's last telephone bill if there isn't enough money to pay for funeral expenses.
In Georgia what happens when a spouse dies without a will?
Then his or her estate is divided according to the local laws of intestate succession, generally giving all or half to a surviving spouse or children of the whole blood, if any, and otherwise to the parents and their descendants of the whole blood, if any, and otherwise to grandparents and their descendants ... then to any step-children, then to any further distant relatives (often to a limit of 4 or 5 generations), then to the state.
If you didn't notice, nowhere in the list was there any mention of "domestic partner".
The good news is that there are books written about how to obtain better results as a "spousal equivalent", without being married, but it's complicated.
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
No or not directly. The loan was between the borrower and the lender with the property pledged as security. If the surviving tenant doesn't want the note foreclosed and the house auctioned by the lender to pay off the outstanding loan then the surviving tenant needs to take action.
The simple method that will work in many cases is to just make the payments on time. Legally you are not required to do so and the lender might technically have the right to call the loan due if you are not on the loan. If the payments are made on time the lender has little incentive to take action.
Or the property can be sold and the loan paid off. Or the owner can obtain a new loan and pay off the old loan. Or the owner can use savings to pay off the loan.
The loan will have a lien that is attached to the property even after the person dies so something must be done to remove the lien or otherwise address the monthly payments.
ClarificationThe first important factor is that one joint tenant cannot encumber the whole property. They can only encumber their own half interest in the property. Therefore, in the case of a default on a mortgage executed by only one and depending on state laws, the lender could not take possession of the property by foreclosure- only the half interest that was mortgaged. The situation would be handled differently in different states under the lien theory/title theory of mortgages. You need to consult with an attorney in your jurisdiction who is familiar with the laws in your particular state.
Generally: In some states the granting of a mortgage by one joint tenant would break the joint tenancy and the mortgage would survive on a half interest. However, in other states a mortgage doesn't affect the joint tenancy and the right of survivorship remains intact. The results in title theory states can vary. In lien theory states, the mortgage would be extinguished upon the death of the mortgagor and the survivor would take the property free of the mortgage.
Is there a deadline for filing a claim against someone's estate?
Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated.
In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.
