husband passed away

by faye

he had a van in his name for 2 years and still owed 3 1/2 years 6 months before he passed I tried to get my name added on and they would not do it unless we refinance and he already owed way to mus on the van so I talked to 1 lawyer and he said I didn't have to pay for it and send it back so that is what I done. now is there any way they can make me pay all I get is disabilty now going over to suvior benfits??

Comments for husband passed away

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Mar 09, 2012
husband passed away

Sorry about the loss of your spouse. I know these must be difficult days. However, I do have what I think will be some good news for you. Unless your name was on the loan for the van, the company that financed it cannot come back to you for any outstanding balance that may be owed. This is because KY is a separate property state and so if the loan was in the name of your deceased husband only, as his wife you are not responsible for paying any of his outstanding debts. It would be different if you lived in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, where spouses are legally obligated for one another's debts.) or if your name was on the loan as well.

Therefore, debt collectors are not entitled to demand that you pay any of your husband's outstanding debts, including what is still owed on his van. If you do get any calls or letters demanding payment, send them a cease contact letter telling them that you do not want to be contacted about the debt again. Make a copy of your letters for your files and send the originals via certified mail with a return receipt requested. If a collector continues to call after receiving your letter, the collector has violated federal law and you may want to schedule a free consultation with a consumer law attorney. In the meantime, for more information about the debts of the deceased, I suggest you go here: deceased person’s debt FAQ.

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