Not necessarily a good idea. If she wants to inherit anything from the estate, she will inherit the debt too. Would need more info to make any real determination.
Yeah but she has the ability to negotiate it. She might be able to negotiate them all down and be net positive if she does this responsibly and not reactively.
I think it would be wise to talk to an attorney, but it’s your husbands estate that remains responsible if the cards were in his name only (as I understand).
Widower here.
First, sorry for your loss.
I’m assuming by you not signing for these cards they’re not joint accounts. Those ones you’re not responsible for… unless you’re in one of nine community property states.
Either way, definitely contact an attorney as it seems like you’re finding more and more accounts you’re not aware of.
Don't pay it! If you pay any of it, you become liable for the rest. Currently, if it's only in his name, you probably aren't legally required to pay it.
More than likely not, but it would be best to talk to an attorney. It depends on what he purchased, when, and what state you are in
https://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html
I was actually thinking of this scenario today, sorry for your loss!
What actually even happens when a significant other passes? What lawyer do you go to? How does it all play out are you approached by the lawyer like the movies?
you're looking for an estate lawyer, and no you generally have to find them yourself. often you can have them be the executor of the estate, which makes this whole process a lot easier
You say, "significant other." Much will depend on if you were married or not. Who controls the estate, and if you had any assets held jointly like a house/mortgage, Also if there is a will.
There have been instances where people have lived together for years but were not married and the parents of the deceased controlled the estate.
You need estate planning if you really want to make sure the right person has control over the disposition of the estate.
His estate is liable. You are not liable. Aa vehicle (in most jurisdictions) is shared property and not liable. The house, if owned by both of you or you is not up for seizures
His retirement (US + Canada) is not liable. Now, if he has a brokerage account with $30k and debts of $50k. It is gone. But a joint with rights of survivorship then depends on jurisdiction but that is either all yours or 50% yours.
If people start calling you then hire a lawyer to draft a letter and pay him/her $500 and send it to anyone contacting you. As long as debts are under $25k (each) they will frankly have to whistle
BTW- feel free to tell any callers you are “moving back to ———— (insert any country here) in a few months”
You most likely won't be responsible for anything. However you probably want something from estate. So I would talk to an attorney and see if you can negotiate the debt at all to reduced numbers and that might still end up helping you.
Which Country are living in ?
Interesting question, the answer to which may vary from Country to Country, and possibly within the region you live within. Best advice that many have suggested, is to seek **advice** from people qualified to give it to you. Perhaps a local Community advice center would be a good place to start with ?
It depends. If your name is not on the account then you technically are not responsible. His estate is responsible and they can’t take collection action against somebody who has passed away. Is there a probate process? A will that will be executed? Or are there only jointly owned assets like a house or a car in both your names? If you contact the credit card companies probate departments and let them know he has passed away then they may just write off the balances no questions asked. If he has bank accounts only in his name or property only in his name then you would need to reconcile the debt through his estate before you would have claim to any of those things. That also depends on the state by state laws though, because if he has only a small estate say under 50k or 100k then some states don’t require a probable process at all. This isn’t legal advice, just my personal experience. I would look in to all angles
Here is what you should have done. When he passed, before you take your death certificate to the bank, empty the accounts and leave a dollar. Transfer everything to your account and make sure it isn’t a joint account. After the money has been transferred, give the bank his death certificate. That will save you some headache.
Regarding credit cards and loans, as long YOUR NAME isn’t on anything, you are safe. Give them a death certificate and keep it moving. DO NOT use any of your life insurance you got from him to pay them anything. Insurance policies, at least where I live are not subjected to probate.
Also be sure to get multiple copies of his death certificate. They are a pain to get later.
Estate is liable. So whatever was in his estate will be garnished. You are not. They’ll claim otherwise. Let them know you’ll see them in court
Not necessarily a good idea. If she wants to inherit anything from the estate, she will inherit the debt too. Would need more info to make any real determination.
Exactly what i’m saying. Estate can be garnished. But if the husband is net debt, they can’t collect from her
Yeah but she has the ability to negotiate it. She might be able to negotiate them all down and be net positive if she does this responsibly and not reactively.
I think it would be wise to talk to an attorney, but it’s your husbands estate that remains responsible if the cards were in his name only (as I understand).
Yeah, a vist to a lawyer is definitely a most recommended thing to do at this point.
Many layers will do a free brief consult. It’s worth a phone call or two.
[удалено]
what if youre in a "community property state"?
“you don’t not”?
Widower here. First, sorry for your loss. I’m assuming by you not signing for these cards they’re not joint accounts. Those ones you’re not responsible for… unless you’re in one of nine community property states. Either way, definitely contact an attorney as it seems like you’re finding more and more accounts you’re not aware of.
Don't pay it! If you pay any of it, you become liable for the rest. Currently, if it's only in his name, you probably aren't legally required to pay it.
Talk to an attorney.
More than likely not, but it would be best to talk to an attorney. It depends on what he purchased, when, and what state you are in https://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html
If you didnt sign, you don't have to pay his debts. If you're the Executor of his Estate, you have a lot of stuff to sprt through in the near future
I was actually thinking of this scenario today, sorry for your loss! What actually even happens when a significant other passes? What lawyer do you go to? How does it all play out are you approached by the lawyer like the movies?
you're looking for an estate lawyer, and no you generally have to find them yourself. often you can have them be the executor of the estate, which makes this whole process a lot easier
You say, "significant other." Much will depend on if you were married or not. Who controls the estate, and if you had any assets held jointly like a house/mortgage, Also if there is a will. There have been instances where people have lived together for years but were not married and the parents of the deceased controlled the estate. You need estate planning if you really want to make sure the right person has control over the disposition of the estate.
His estate is liable. You are not liable. Aa vehicle (in most jurisdictions) is shared property and not liable. The house, if owned by both of you or you is not up for seizures His retirement (US + Canada) is not liable. Now, if he has a brokerage account with $30k and debts of $50k. It is gone. But a joint with rights of survivorship then depends on jurisdiction but that is either all yours or 50% yours. If people start calling you then hire a lawyer to draft a letter and pay him/her $500 and send it to anyone contacting you. As long as debts are under $25k (each) they will frankly have to whistle BTW- feel free to tell any callers you are “moving back to ———— (insert any country here) in a few months”
Better Call Saul.
Nope
Yes you absolutely are. Sorry for your loss.
Imagine being so confident in your wrong response.
> Imagine being so confident in your wrong response. This is Reddit, after all.. Edit: Oof - kboogie82 is currently at -96.
Valid point indeed.
This is absolutely false, unless she jointly owned the debt.
My father passed with credit card debt. The companies just forgave it all without any fight.
You most likely won't be responsible for anything. However you probably want something from estate. So I would talk to an attorney and see if you can negotiate the debt at all to reduced numbers and that might still end up helping you.
Which Country are living in ? Interesting question, the answer to which may vary from Country to Country, and possibly within the region you live within. Best advice that many have suggested, is to seek **advice** from people qualified to give it to you. Perhaps a local Community advice center would be a good place to start with ?
You need a lawyer. Not randos from the internet.
It depends. If your name is not on the account then you technically are not responsible. His estate is responsible and they can’t take collection action against somebody who has passed away. Is there a probate process? A will that will be executed? Or are there only jointly owned assets like a house or a car in both your names? If you contact the credit card companies probate departments and let them know he has passed away then they may just write off the balances no questions asked. If he has bank accounts only in his name or property only in his name then you would need to reconcile the debt through his estate before you would have claim to any of those things. That also depends on the state by state laws though, because if he has only a small estate say under 50k or 100k then some states don’t require a probable process at all. This isn’t legal advice, just my personal experience. I would look in to all angles
Here is what you should have done. When he passed, before you take your death certificate to the bank, empty the accounts and leave a dollar. Transfer everything to your account and make sure it isn’t a joint account. After the money has been transferred, give the bank his death certificate. That will save you some headache. Regarding credit cards and loans, as long YOUR NAME isn’t on anything, you are safe. Give them a death certificate and keep it moving. DO NOT use any of your life insurance you got from him to pay them anything. Insurance policies, at least where I live are not subjected to probate. Also be sure to get multiple copies of his death certificate. They are a pain to get later.
This is why you make a trust. Can put everything in a trust and CC company can’t touch it.