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lovelyrj7 | Can a creditor go after a spouse after they are deceased? |
My dad passed away a few months ago. My step mom tells me that creditors are claiming she is responsible for the debt he owed in his name. This is in the state of Texas. They did not jointly go in on these accounts and only my fathers social security number was tied to his credit card (he owed 11k) and a 2k loan for a piano. Can they really do this? Thanks for the answers. |
 |
 
Spock (rhp)
 |
my condolences on the loss of your father.
***
from the diverse opinions expressed above, it is clear that your step mother needs competent legal advice from an attorney well versed in texas law.
***
that said, imho, the creditors are trying to pull a fast one here to get their money asap instead of waiting for the probate process to pay them from your father's estate -- if it has sufficient assets to pay them at all.
From the few facts presented, the creditors lent the money to your father, not to the couple as a whole. Why they did this is their business, but they should not now be able to change their minds, turn back the hands of time, and say that we want the wife's signature as well since this hasn't worked out so well for us.
Texas is a community property state. This does not mean that all assets are community property, merely that all assets acquired after the marriage date are presumed to be community property unless proven otherwise [there may be some other restrictions as well ... my community property experience is n Arizona].
The creditors may be able to convince the court that the funds so lent were used to acquire community property [who has the piano?] and thus should be liabilities of the community as well as the deceased. I'd think this would be far from easy regarding the credit card, if possible at all.
GL and see to it that your step mother has quality legal advice. [My quick review of Texas law via google did not yield a simple answer.] |
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Pilgrim Traveler
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If Texas is what's called a "joint property" state, then she is most likely responsible for the debts. There are some legal standings where the spouse is not liable, but that is mostly in joint business ventures and commercial real estate holdings and all the paper work has to be filed before the death occurs. Doesn't sound like this is your situation. If your mom has an attorney, it would sure be worth a coupe hundred bucks to check it out. This country, unfortunately, does not handle death well. Sure hope it all works out for you, good luck, peace |
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Angie
 |
A creditor will go after whoever they think they can get to pay. Your father's debts should be paid out of his estate. I would guess this may mean that your step-mom ends up with less money (if there's any money at all). But you can't really get blood from a stone. |
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Keep On Trucking
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They'll have to go through probate, which is the legal process where creditors go after an "estate" after the person passes away. I'd talk to a lawyer if I was you, RIGHT AWAY! |
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tx_mstry_lady
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Those creditors call everyone connected with the decedent. My husband still gets calls over his mother and fathers debts....they passed over 7 yrs ago. He got to where he would tell them to call them up at 1800 HEAVEN.
But being a spouse, she needs to check with a lawyer, there might be a fine line that can save her from his debts. |
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Darby
|
Not directly, I don't think. They can sue the Estate of the deceased and subsequently anyone who got money from the estate. In my State, I think the creditors have about 30 days to submit a claim that the deceased owed them money and if they don't do it in that time frame, the creditor is out of luck. The creditor can't get money from your step mom if she wasn't on the credit card or loan or unless they get a court order saying they are just debts of the estate and your step mom got money from the estate. In other words, I don't think she has to VOLUNTARILY pay your Father's bills.
This is a guess. The bottom line is that your Step Mom needs an attorney and hopefully your Father had a will. In the meantime, don't pay any of his bills voluntarily--except the funeral expenses, of course--an make the house payments. |
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Tom K
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There will be a state office that deals with these issues. Ask them. That is a lot cheaper than paying an attorney to do it for you.
Ok, you are too slow ;-), so I'll find you the website. Look at: http://www.state.tx.us/category.jsp?categoryId=2.4 Consumer Protection Links may be the one you want, but I can't say. |
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LYNN W
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http://icfe.askmrg.com/education_library_document.php?document=71
I believe in Texas she would be responsible. Please read article above. |
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Jumpin Jiminey!
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If he was paying for this on his credit card every month & they have all his info,they can keep taking it out of his account.
However,if your mom closed the account,they are out of luck!
She needs to open up another account at a new bank,because they will keep trying,though!
I just went through this with a loan company that defrauded me.They lied under every name they could & kept trying to get payments out of the bank,because they had my bank account info.
They cannot make your mom pay.They would have to file a claim against his estate. |
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pinkyismygirlfriendniluvhur
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In Texas I bet they dig him up and ask for the money |
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bdancer222
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You step mother is not personally responsible for his debts. His estate is responsible for his debts. Any assets would have to be used to settle the debt. If your step mother inherited the house and other assets, then she may have to pay the debts to keep the assets or sell the assets to satisfy the debts.
His estate may have to go thru probate.
The collectors often bully relatives trying to get payment. |
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MissV
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If your father died without a will, then your stepmother should open an estate for him so that all bills can be accounted for. |
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Cheryl B
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If they are married, then yes they can. I think it sucks but it's legal. My mother-in-law went through similar things when her husband passed away and owed something on a truck he didn't even have. She ended up having to pay it before she could sell her home.
Now if they did the "wrong" thing and just lived together, she wouldn't be responsible. Like I said, it sucks. |
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Raquel D
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They can after his estate. If he left everything to your mother... then she may be responsible for the debt |
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Stephanie C
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I'm not entirely sure about Texas but yes, in most states, a spouse is responsible for the debts accumulated while they were married. |
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