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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 surviving spouse have to pay the CC debts of the deceased spouse?

If the debt was in the spouses name only, they will have a hard time making a case for you to pay the debt. Hopefully the surviving spouse has no connection to it (not even an authorized user of the account). Just send a copy of the death certificate, they have to write it off. They will tell you that you have to pay it, and they may come after his assets (a car he owns or something that is in his name only). You will want to contact a credit councelor - most will give free advice. If the married couple resided in a community property state the surviving spouse in most instances is responsible for all debts incurred in the marriage even if they were not a joint account holder. The exception would be the CP state of Wisconsin which treats marital debts differently when it pertains to the death of a spouse.

Is a trust liable for a defaulted auto loan?

If the trust took out the auto loan the answer is yes.

Usually an individual or a company takes out a loan If an individual took out the loan , and died without satisfying the loanthen the loan company would have a claim against the vehicle , and if theindividual passed away their estate would be liable to satisfy the loan unless there was life insurance on the loan . If there is nothing in the estate and the vehicle isn't worth much - let them come get the car - they would not have aclaim against the trust because the trust did not borrow the money for the car the individual did .

When a parent dies who is responsible for their bills?

The estate of the deceased is responsible. In many cases the spouse will be held responsible as well.

Who is responsible for filing taxes if there is no estate?

If there are taxes that need to be filed, there needs to be an estate. That allows all debts to be resolved and closed. The court has to approve all distributions and payments.

When does an executor of a will get paid by the estate if they have to pay outstanding bills left by decedant?

The executor should never pay the bills themselves. They should have the estate do it. Yes, with proper receipts, there should be no problem with getting the money back.

Are brothers an sisters responsible for a debt of a sibling deaceased even with a spouse?

Siblings certainly are not responsible. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, there are some people who will not get paid, including the beneficiaries.

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