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Debt Responsibility
Questions relating to the responsibilities for debts left by an individual that has died.
1,506 Questions
Can a child collect work pension from deceased father?
Only a death benefit compensation is the death is work related.
The court may modify an order that designates a sole managing conservator of a child of any age if: # The circumstances of the child, sole managing conservator, possessory conservator, or other party affected by the order have materially and substantially changed since the date the order was rendered; and,
# The appointment of the new sole managing conservator would be a positive improvement for the child. Both the material change and positive improvement prongs of the test must be satisfied. More than a slight change is required. A slight change in circumstances will not justify a modification of managing conservatorship. The change must also have occurred since the prior order.
The material change must have occurred after rendition of the order sought to be modified. A circumstance that existed at the time the prior order was rendered does not support a finding of a material change in circumstances. The material change must also directly or indirectly affect the child's welfare. Many aspects of the child's physical, mental, emotional, and moral well-being have been considered in deciding whether there has been a material change of circumstances affecting the child's welfare, including: # Whether a party has provided for the child's particular health needs, handicaps, hygiene habits, and dietary and clothing needs.
# Whether a party has properly overseen the child's educational and social development.
# A party's ability or inability to spend time with, care for, and supervise a child.
# A party's income, financial situation, employment history and capacity, present job status, and type of employment.
# Frequent changes of residence by the managing conservator.
Child's Changing Needs The changing needs of the child as he or she gets older may, by themselves, constitute a material change in circumstances. However, the age of the child or a party, as an isolated fact, is generally insufficient to support modification of managing conservatorship. Party's Physical and Mental Condition A party's physical infirmities rarely justify modification unless the party is substantially unable to care for the needs of the child. On the other hand, courts consider a party's mental health and emotional stability to be very important factors. Party's Remarriage Although a party's remarriage, as an isolated fact, is insufficient to justify modification, the circumstances created by a remarriage may affect the child in such a way as to justify modification. For example, remarriage may provide a party with greater income and better living conditions and may allow the party to spend more time with the child. On the other hand, a remarriage may produce financial hardship, or the new spouse may abuse the child, speak disparagingly of the other party, or be of less than reputable character. New spouse's race may not be considered The United States Supreme Court has held it unconstitutional to consider the race of the parent's new partner in making a custody decision. Party's Negative Behavior - Use of Child as Pawn A parent's use of a child as a pawn in disputes may constitute a material and substantial change in circumstances. Child-Snatching Snatching a child and fleeing may be sufficient to justify a modification of custody. The deliberate secreting of the child demonstrates that the person may be unfit as a custodian and that the child's best interest will be promoted by placing the child with the other party. Interfering with Child's Relationship With Other Parent Acts, omissions, or circumstances of a managing conservator that thwart the child's ties with the other parent, such as interfering with visitation, may constitute a material and substantial change in circumstances. A material and substantial change occurs when a managing conservator, by word, attitude, or deed, directly or subtly alienates the child's affection for, or poisons the child's mind against, the other parent. Moral Misconduct The moral misconduct of a party, such as, for example, a party's sexual promiscuity, affairs, or living with a member of the opposite sex out of wedlock may constitute a material and substantial change. Conviction of Crime Being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities may be considered a material and substantial change in circumstances. Crime involving child abuse The conviction, or an order deferring adjudication, of a managing or possessory conservator for a criminal offense involving child abuse constitutes a material and substantial change of circumstances sufficient to justify a modification of conservatorship. Caution: It is a Class B misdemeanor to seek modification on the basis of an alleged conviction or adjudication while knowing that the conservator against whom modification is sought has not actually been convicted of, or received deferred adjudication for, a child abuse offense. Use of Illegal Drugs The use of illegal drugs by a party seeking custody is a material issue in a suit to modify conservatorship. Texas Rule of Civil Procedure 204 authorizes a court to order a petitioner to submit to drug tests if sufficient evidence is presented to place the matter in controversy and there is a showing of good cause for such an order. Dishonorable Discharge A dishonorable discharge from the armed services may be considered grounds for change of custody Abuse of Child or Spouse The physical, mental, or sexual abuse of a child is a material and substantial change in circumstances.
NOTE: In determining whether to appoint a party as a sole or joint managing conservator in the original divorce action, the court must consider evidence of the intentional use of abusive physical force by a party against the party's spouse, the child's parent, or any person younger than 18 committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Past Isolated Instances of Misconduct Conduct that has occurred in a few isolated instances in the distant past is less likely to be deemed a material and substantial change in circumstances than conduct occurring in the recent past Child's Awareness of Misconduct Behavior that occurred in the child's presence or that the child is aware of is more likely to constitute a material and substantial change. Religious Training or Beliefs Disputes involving a child's religious training do not constitute a material and substantial change in circumstances. Courts may not constitutionally require religious affiliation or training. The trier of fact in a child-related dispute must remain impartial as to any religious preference. Parent's religious beliefs The state, through its courts, may not prefer the religious views of one parent over the other in deciding the child's best interest. Thus, absent evidence that a parent's beliefs and practices are either illegal or immoral, or cause serious bodily or mental injury to, or neglect of, the child, continuing emphasis on a parent's religion during the trial may be reversible error.
Positive Improvement as Separate Element of Two-Part Test
The second element of the two-part test for replacing one sole managing conservator with another sole managing conservator requires a showing that the appointment of the new sole managing conservator would be a positive improvement for the child. Positive improvement must be found as a separate element.
Factors Considered in Determining Positive ImprovementThe positive improvement requirement focuses primarily on the circumstances of the person who is seeking to become sole managing conservator. Present managing conservator's circumstancesThe circumstances of the managing conservator will be considered for the limited purpose of comparison. In addition, the more destructive the current situation, the less that needs to be demonstrated to show positive improvement. Removal of negative factors as consideration While any number of factors potentially affecting the child's welfare may be considered in ruling on positive improvement, the focus of these factors will be on the potential positive impact on the child if the modification is granted, rather than the harm to the child if the managing conservator is retained. However, the removal of a negative factor in the existing environment may be sufficient to show positive improvement. For example, the elimination of a daughter's emotional distress caused by living with her father was sufficient to support a finding that giving her mother custody would be a positive improvement. Similarly, the more stable home life of the person seeking managing conservatorship, as compared to the unstable environment with the present managing conservator, may make the modification a positive improvement
Can live in friend lay claim to estate after spouse's death?
A live-in friend has no legal right to their friend's estate. If the decedent died intestate, or without a will, the property will pass to their heirs at law (generally blood relatives) according to the state laws of intestacy. You can check the laws in your state at the related question link provided below.
Unmarried couples who share a home should always have a will if they want their property to pass to their partner.
Who is resposible for filing assets with probate?
That is the duty of the executor. They file a complete inventory with the court. They also have to provide a fair value on all the items.
Does a spouse have to repay student loans after the person with the loans dies?
The student loan should be paid out of the estate of the deceased before it is distributed to the spouse. If there isn't enough to cover the debt, the spouse should not be held responsible for the balance, unless both people signed the loan.
Many people misunderstand who pays the outstanding debt. The surviving spouse does not pay the debt, but it comes out of the estate before distribution.
That would be their responsibility, to defend the estate. They can use the assets of the estate to do that.
What happens when there is no named beneficiary to a bank account?
It becomes an asset of the estate. It will be inventoried with the other assets. It can then be used to pay debts and then distributed to the beneficiaries per the will or the intestacy laws.
What is the sequence of debt payments from an estate?
For estates that do not have enough money to pay all debts, each state has statutes that prioritize the debts in categories. All debts in one category must be paid in full before any debts in the next lower category can be paid anything. In New Jersey, the priority is: Reasonable funeral expenses Costs and expenses of administration of estate Debts and taxes having preferences according to other Federal and state laws Reasonable medical expenses of the last illness Judgments entered against decedent in order of their priority All other claims If there is insufficient money to pay all of the debts in any one entire class of debts, no debt may be paid in full to the detriment of others in the same class. The money available would get distributed proportionately to all creditors in that class.
Your obligation is to let your attorney and/or bankruptcy trustee know about this. They will decide if the asset needs to be divided among creditors or included in your payments.
Is a life estate owner responsible for paying land taxes on it?
Typically the beneficiary of the life estate will be liable to pay the taxes on it and you can read more about this when you click which has been added for you below this answer.
Do you have to tell a person the they are no longer the executor of a will?
No, but if you are naming someone else it certainly would help both parties to be informed in the event of your demise. Sorting out a person's affairs is difficult enough without having to cope with a power struggle.
If father died with estate of Ira's what debt is paid by estate?
The estate has to pay off all of the debts if possible, using the IRAs if they can. 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.
No, Virginia is not a community property state. Therefore spouses are solely responsible for their own debts as long as those debts are not incurred jointly.
yes: it can be done several ways:
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intervivos revokable trust which can be terminated at will.
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if it is an irrevocable trust, it can be broken if the children agree to reject it.
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parents can modify the house by building an apartment or two....thus down-sizing, bringing in income and avoiding the tangles of family trusts.
THE HIT_MAN
K, so I'm no lawyer and I definitely flunked out of law school, so take what I say with a barrel of salt. But, as far as I know, it depends on your situation. Like, let's take your example and make it two individual parties to simplify: i.e. "husband and wife" are now "O," and "two children" will now be referred to as "A". So, it depends on whether O gave A a life estate deed or O gave A something similar, like a revocable living trust.
So, first go figure that out. Is it a real "life estate"? If so, it's irrevocable and the kids are golden. Is it a revocable living trust? Then kiddies are screwed. Or maybe it's something else, in which case you'll have to clarify your question because I'm only going to answer two ways because I don't care to explore every possibility (you can see why I flunked out):
Life Estate:
If O gave A a life estate, plain and simple, then it's irrevocable and A is going to have to assert A's rights. So, if you're the kid, then it's like your mom gave you a life estate for the house and you let her live in it until she died or whatever. The house is still yours and she can't very well take the offer back by selling it or ripping out the walls and ruining the place or anything. It's essentially yours.
Living Trust:
But if your mom gave you a revocable living trust, then she can do what she wants. The latter is probably more what people think of as inheriting. Like, if your mom does the revocable living trust thing, she's basically put the house in the hands of this 'trust' and they hold it or whatever, but she still has power over it. So she can sell the house or decide she likes little Timmy better, pull a switcheroo, and give it to him instead. I mean, if O promised A the house or something and decided to sell it instead, depending on the circumstances, A might try to whine to the court about some detrimental reliance, but I get the feeling A might come out with nothing and look like a spoiled brat.
Yeah. Also, it depends on what you're going for here. Like, there are a lot of ways around this stuff on either side. Post some more specifics and we might be able to help a bit more.
How do you get computer passwords for a deceased relative and what documentation is required?
You'll need to see a lawyer to do this.
When husband dies without a will and has joint tenancy with a third party what happens to property?
Any property your husband owns with another as a joint tenant will automatically pass to the surviving joint tenant upon his death. For example, if he and his brother own a cabin as joint tenants the cabin will belong to his brother if your husband dies first.
Does the beneficiary of the life insurance policy have to turn over funds to the estate to pay debt?
I am not an expert but have been involved in my dad's estate. If you are a listed beneficiary on the life insurance policy, it is your money. Unless you are the spouse.
Debt does not have to be paid by the beneficiaries.
My dad's left over $30,000 in debt. He had a $30,000 life insurance policy that had named beneficiaries. We got the insurance policy and did not have to pay for the debt.
Check your state's policy. Go to a free law clinic and verify this info.
Good Luck!
Is surviving spouse responsible for debt to IRS?
Yes BUT: If you were living together and filing joint returns, you owe the money. Even if you were separated,and filing separate returns for years, the IRS will go after the survivor. In my mother-in-law's case, she had been separated and had not seen him in over 30 years. He had a bigamous marriage to another woman in another state. The IRS still tried to make her pay. We got them off her back by contacting our congressman. You can pay a lawyer to negotiate on your behalf and he might achieve the same result but congressmen work for free and get better results. In less extreme cases, you might consider a lawyer. The IRS is obligated by law to settle for less, if you can show certain conditions. A lawyer specializing in tax law, as opposed to your usual ambulance chaser will be your best bet. Larry@larrybates.com
How do you set up an estate account in a bank in California?
All you need is the letter of authority and a tax number. The first is issued by the probate court, the second can be applied for online with the federal government.
Cashing a check made to estate of a brother-in-law Calif?
First, if the decedent had a joint bank account with another party the joint owner should ask the bank if it will allow the check to be deposited in that account. If that is not possible then you will need to obtain some authority from the probate court to cash the check as the administrator of the estate. You should speak to a clerk at the probate court to determine if there is a shortened, small estate probate procedure that can be used to obtain the authority to cash the check.
When a person dies owing the IRS a lot of money is his wife responsible for the debt?
There are several IRS publications that may help you. Get them on the web at IRS.gov First, there is a concept called "innocent spouse relief" that you can read about in Pub 971. Others deal with deceased spouses in general and they are Pub 554 and Pub 501.
AnswerThe answer is generally, Yes. Presuming it isn't a purely business tax, from an incorporated business, but rather taxes the both of you were personally responsible for, you filed joint returns, your liable for the deficit.Understand, innocent spouse relief is NOT ignorant spouse relief!
The fact you didn't know, understand, approve, etc makes no difference. If the money that was misreported went to your benefit - that is paid for your house, vacations, lifestyle, etc...then you owe the tax on it. You should have understood that if you were living a lifestyle of spending $X, and your joint return was reporting something that wouldn't reasonably support that, it was wrong and you shouldn't have signed it...and even though "he took care of those matters" doesn't work. It was your responsibility and the Gov't didn't release you because you wanted him to do it. Apparently he didn't do it well. That's now your responsibility.
To get innocent spouse relief you better be able to show your spouse had something like a second life you didn't know about. That his concubine in the condo in Florida and the convertible to bring her to the Spa was where that money went...AND you really didn't know about it...not that you were a wife that just ignored it, for the quid pro quo of having the life you wanted.
You must show that he was a rotten scoundrel and took you as well as society...basically to get himself pleasure. You prepared to do that? Sorry for being so blunt, but that's the facts.
Generally, yes.
a portion of the social security disability income, if filed, can be considered as child support
