Survivorship Question

by Roger
(Shelby, Mi)

If a spouse has a credit card in their name only and passes away in Michigan is the other spouse responsible for paying the debt. The same question but in Nevada.

Comments for Survivorship Question

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Nov 22, 2015
 Loan debt owed by fathers late wife
by: Anonymous

My father in MI died with a shared home equity loan between him and his second wife. The children from the first marriage inherited the estate. Does the estate have to pay the full loan or only 50% for his portion?

Reply from DebtCollectionAnswers.com:

Our condolences to your family.

The loan will certainly have to be paid one way or another. It's possible that the home associated with the loan can't transfer to you (the children) until the full amount of the loan is paid off.

It may be that you will be responsible for half of it, but we're not sure. And getting your stepmother to pay some or all of it might be tricky if you don't have a good relationship with her or if she does not have the ability to pay what she owes.

We will have to recommend you contact an attorney with experience in probate and wills for advice.
Aug 18, 2015
 medical bills
by: Anonymous

Husband just passed. On my insurance. Am I responsible for any unpaid medical bills, not covered by insurance. co pays etc?

Reply from DebtCollectionAnswers.com:

Our condolences for your loss. Generally spouses are not responsible for each other's individual debts unless they live in a community property states. But in some states, laws called "doctrines of necessaries" hold spouses liable for each other's medical bills. Even in those states, however, it's not always straightforward. We would recommend you talk with an estate planning or probate attorney.
Apr 25, 2015
 Home payment
by: Anonymous

My husband passed away two years ago with no will no probate. Everything is in my name but our mortgage is only in his name. They will not talk to me saying his authorization is null and void for them to discuss lian with me since he is deceased. My question is this. I have been making the payments now for two years and they won't talk with me. So if I stop paying can they ruin my credit or come after me for the balance. There is no estate in my husband' name. He did not have ownership of anything.

Reply from DebtCollectionAnswers.com

Please contact the Consumer Financial Protection Bureau for assistance. They have written guidance to assist surviving spouses in these situations and can hopefully help you (and your lender) understand your rights.
Mar 24, 2015
 same sit. but referring to a pick up loan
by: Anonymous

My grandfather bought a truck thru chase bank a few years ago. He then got sick and was unable to make payments and was unfortunately the truck was repo'd. He pasted 2 years later. Then 2 more years later, chase bank has come back charge my grandmother for the tax on the truck. Is that possible? The loan was solely in his name, in Dallas Texas

Reply from DebtCollectionAnswers.com

I am sorry I simply don't understand your question. What do you mean by pasted 2 years later? And what do you mean by charging your grandmother for the tax? Do you mean she got a 1099-C?
Nov 12, 2014
 Estranged husband dies
by: Anonymous

My estranged husband died last week in Florida, we have not been together since 2005. How do I find out if he any debts and whether or not they are my debts?

Reply from DebtCollectionAnswers.com

Joint debts in most cases will be listed on your credit reports so getting your free annual credit reports is one way to check. You may also be able to order the credit reports of your late spouse as well. Other than credit reports, there is currently no central registry of debts.
Oct 12, 2014
 Debt of wife
by: Anonymous

Is spouse responsible for wife created card debt in Penna P,A?

Reply from DebtCollectionAnswers.com

Pennsylvania is not a community property state. We aren't aware of any reason why you would be responsible for your wife's individual credit card debt, provided you did not cosign for the card. If a creditor or collector tries to tell you otherwise, it would be a good idea to talk with a consumer law attorney.
Sep 10, 2014
 Father died, credit union loan
by: Anonymous

In California, father just died and owed his credit union $1,200. No one co-signed for his loan. My mother is in Hospice, are we responsible for this loan.

Reply from DebtCollectionAnswers.com

California is a community property state so the creditor may look to the assets of his wife or his estate (if there is one) but it is unlikely that you, his children, are personally responsible for his debt. Our condolences for your loss.
Jun 06, 2013
 Survivorship.
by: Debtcollectionanswers

Roger:

If a spouse dies in MI owing money on a credit card that was in her name only, then the surviving spouse is not obligated to pay off the debt, assuming there is not enough in the deceased's estate to pay it.

This is not the case in NV however, which is a community property state. In that state, when one spouse takes on debt in his or her name only, the other spouse is legally obligated to pay it if there is not sufficient assets in the estate of the deceased to pay off the balance owed.

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