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ROSS
Joined: 03 Oct 2009
ROSS's page
Posts: 15
0 Magic Points
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Subject: debt
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Fri Nov 13, 2009 2:11 pm
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| We live in Alabama. My wife died with about $17,000 in credit card debt -- all in her name. She also has a car loan in her name only which she purchased credit insurance on. We own a home with some equity but not much. What could I expect from the credit card companies? Would they put a lien on our house? Could they force a sale? Would they come after a fairly new paid off car in her name? What could I expect if I don't assume her credit card debt? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1224 Magic Points
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Sun Nov 15, 2009 1:51 am
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| Not real sure what the laws are in your state, I would think if the cards were only in her name then sending them a copy of the death certificate should take care of it. |
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Margaret
Joined: 13 Nov 2009
Margaret's page
Posts: 56
6 Magic Points
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Sun Nov 15, 2009 11:31 am
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| Do not believe legal advice from collection agents. The legal advice collection agents tell people is usually incomplete or wrong, as is always self-serving. |
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Margaret
Joined: 13 Nov 2009
Margaret's page
Posts: 56
6 Magic Points
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Sun Nov 15, 2009 11:35 am
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If the estate is insolvent the creditor has no legal right to collect the debt from family members, children, or friends. In most states, the creditor cannot collect from the spouse either.
You did not mention whether your wife died with a will. I will assume she died intestate because you did not mention it. In a process called probate, the administrator will review all of your wife's assets and debts. You mentioned she had "credit insurance" on the vehicle, which I will infer means the balance of the car loan was paid when your wife passed away. The vehicle is an asset in her estate, unless your wife had your name on the title with hers. If your name is on the vehicle's title, the vehicle became yours upon her passing. |
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Margaret
Joined: 13 Nov 2009
Margaret's page
Posts: 56
6 Magic Points
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Sun Nov 15, 2009 11:38 am
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With either a joint tenancy or a tenancy in the entirety, because your spouse's interest passed to you without going through the probate process, the house is not an asset of your spouse's estate. That means that the creditor's have no legal means of stating any claim against your house -- there is no way for them to attach a lien to the house.
In this case, if the house was titled as a tenancy in common, you would retain your interest, then as spouse receive one-half of her interest. Her remaining interest would proceed through probate. If estate was debt-free, the remaining interest would be distributed to her other heirs, such as any children she may have had.
If the house was titled as a tenancy in common, and your spouse's estate had outstanding debt, then it is within the administrator's power to sell the interest to raise funds to satisfy the debt. |
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