Am I Liable for My Deceased Spouse's Debts?

My wife died with $17K in debt. Am I liable? Can the credit card company put a lien on my house for the debt?

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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Highlights


  • A deceased person's debts do not disappear automatically.
  • However, family members are not responsible for a decedent's debts either.
  • The probate process will resolve creditors' claims.

My condolences on your loss. If you remember anything I am about to write, please let it be this: Do not believe legal advice from collection agents. The legal advice collection agents offer is usually incomplete or wrong, as is always self-serving.

Deceased Spouse’s Debt

Some people assume a decedent’s debt is forgiven or possibly written off by creditors. The law does not work that way, with the exception of federal student loans. However, spouses or other relatives are not responsible for the decedent’s debt automatically, either. Many collection agents take advantage of a debtor’s grief and ignorance of the law to imply the family must pay the decedent’s debt, but that may not be the case.

When a person dies with a will, the will controls the financial affairs of the decedent’s assets, which is called the “estate.” A will distributes assets, not debts. However, before any assets can be distributed to the heirs, all known debts must be paid by the executor. Therefore, the executor will sell assets in the estate to pay for any debts that remain. Only after the debts are paid will the remaining assets be distributed among the beneficiaries of the will. The process I just described is called probate, and a lawyer experienced in probate law can guide you through the process.

If a person dies without a will, this is known as “dying intestate” in lawyer-speak. In this situation, the court appoints an administrator to handle the distribution of the decedent’s assets according to the laws of the state. As with dying with a will, assets are distributed after debts are paid. Again, a lawyer experienced in probate law can guide you through this process.

Here is a key point: 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. However, in community property states, the question becomes more complicated.

Deceased Spouse’s Debt in Community Property States

Community property states include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Generally speaking, in community property states, debt incurred by a spouse for the benefit of the family is considered a “community” debt, and therefore the spouse is responsible for repaying that debt.

However, no two community property states use exactly the same laws. As a consequence, if you live in a community property state and have a spousal debt issue, it is imperative that you consult with an attorney in your state so that you understand your rights and liabilities in your particular circumstances.

Your Questions

You mentioned Alabama. Alabama is not a community property state, so my discussion about community property law does not apply to you if you reside in Alabama. You did not mention whether your wife died with a will. I will assume she died intestate (without a valid will). 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.

For the sake of argument, let us assume her name was on the vehicle title alone. Let us also assume she had no other assets. And finally, let us assume the fair market value of the vehicle is $17,000. If that is the case, the administrator will sell the car, and pay the credit card company the balance owed, leaving you and her other heirs nothing. However, if the vehicle is worth more than the balance on the credit card account, then the remainder after paying off her debts will be distributed to your wife’s heirs. On the other hand, if your wife’s vehicle is worth less than $17,000, the administrator will sell it, give the proceeds of the sale to the creditor, and look elsewhere in your wife’s estate for the balance.

Spousal Debt and Real Estate

I am concerned about the title of your home. You used the phrase “We own a home...” This implies both of your names are on the title.

The exact language used in conjunction with the names on the title is extremely important. If the language on the title is “John Doe and Jane Doe, as joint tenants” or “John Doe and Jane Doe, as joint tenants with right of survivorship” then your spouse’s interest in the property passed to you at the moment of death automatically.

Similarly, if the phrasing of the title is something like, “John Doe and Jane Doe, with a tenancy by the entirety” then your spouse’s interest in the property passed to you at the moment of death automatically.

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.

On the other hand, if the phrasing used on the title to the house is something like, “John Doe and Jane Doe as tenants in common,” then we have a more complicated situation.

Tenancy in Common

In a tenancy in common, each person on the title has an undivided interest in the property. Each person can dispose of their share of the property without it affecting the ownership rights of others. Unlike a joint tenancy or a tenancy in the entirety, upon death the decedent’s interest does not flow to the other owners instantly. Instead, the interest is considered an asset of the estate, and is distributed according to the decedent’s will or the state’s intestate distribution rules.

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.

As you may have gathered, the rules regarding how a property may be titled are intricate (they are almost universally hated among law students, too, but I digress.) For that reason, I recommend you take the documents regarding your spouse’s vehicle loan, her recent credit card statement, the title to your property, and any other documents that you think may be important regarding her finances to an Alabama attorney experienced in property or probate law. He or she will review the entire situation and give you a more detailed and precise discussion of your rights and liabilities.

Summary

First, for additional general information on who is responsible for deceased person’s debts, see the Federal Trade Commission documents Paying the Debts of a Deceased Relative: Who Is Responsible? and FTC Issues Final Policy Statement on Collecting Debts of the Deceased. Both documents are excellent starting points for family members dealing with this issue. Second, to learn more specific information about your state’s probate rules, consult with a lawyer in your state experienced in probate law.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

46 Comments

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  • 35x35
    Oct, 2012
    Sam
    Mom died. She was on the deed to the house but not the mortgage. Her (estranged) husband is claiming there is a lien on the house for student loans she didnt pay and that he was unaware of. He cant sell or refinance. To my knowledge there is no will. Is he liable? He wants to dispute it saying their relationship hadnt begun at the time she withdrew the student loans. ---Daughter, NY
    0 Votes

    • 35x35
      Oct, 2012
      Bill
      Impossible to answer your question without knowing:
      • The state where the property is situated, and
      • How the property was titled (joint tenancy, tenancy in common, tenancy in the entirety, or community property)

      Perhaps I lack imagination, but I fail to see what difference it makes if the student loan debt was pre-marital or incurred during the marriage. The issue is the lien was placed on property the debtor owned while she was alive. Depending on the state's laws and the property's title, the lien either remains in full effect or ceased when judgment-debtor died.

      The surviving spouse should consult with a lawyer who has probate or property law experience to learn his rights and liabilities. Yes, a lawyer's time is not cheap, but if the circumstances are such that the lien is not longer effective, the lawyer's hourly fee will be money well spent.

      0 Votes

  • 35x35
    May, 2012
    Cindy
    My mother pass away this year. There as no estate she had 5 credit card under her name only had less then $10,000 on them. My Father went to in lawyer in Florida. The lawyer told him that Florida is not a Non community property state. Three of my mother credit card company has turn later or no payment over to my father credit report. What do I tell do now?????
    0 Votes

    • 35x35
      May, 2012
      Bill
      Your statement, "There is no estate..." is not quite correct because you went on to say, "she had 5 credit card under her name only (and) less than $10,000 on them." The general rule is, if a deceased person has any assets or liabilities, the decedent has an estate.

      What may be true is the decedent's family may not need to probate the estate. You mentioned Florida. Consult with a Florida lawyer to learn what, if any, steps your family needs to take to notify the decedent's creditors about their share (if any) of the estate.

      Regardless of your mother living or not, it is inaccurate for the original creditor or collection agent to place one spouses debts on another's credit report in common law states. My advice?
      1. As I mentioned earlier, consult with a probate lawyer.
      2. File a dispute with each of the three credit reporting agencies that are publishing the erroneous information.
      0 Votes

  • 35x35
    Mar, 2012
    Julie
    My husband passed away in December leaving behind unpaid medical bills (of which I was unaware). His assets were CDs and bank accts. that listed me as beneficiary. These I transferred into my accounts. Sometime in late January the hospital and his doctor began sending me statements listing me as "financially responsible". A short while later I began getting calls from collection agencies demanding payment for medical bills I had no knowledge of. As an Oregon resident it was my understanding, since I didn't sign any agreements with the doctors or hospital, that I was not responsible for these debts. Am I correct?
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      You must probate your deceased spouse's estate. Consult with a lawyer who has probate experience to begin this process. Your probate lawyer will instruct you in how to handle the calls from creditors.
      0 Votes

  • 35x35
    Mar, 2012
    nicole
    My mother passed away January of 2012 in Ohio, she has been married to my father for 48 years. She bought their first home January of 2011, due to my father having a social phobia he didn't go with her to be put on the deed to the home and she did not have a will. I know we must go through probate. My question is, since my mother does have old bills against her, will my father lose their home? Her name was the only name on the deed and she had left no will.
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      My short answer is, "probably not." You mentioned Ohio, which is a common law family law state. This is a bit of an oversimplification, but in common law states, separate debt stays separate, and a spouse is not responsible for a deceased spouse's debts. Again, that's a general rule, and there are exceptions. Try to convince your father to consult with a probate lawyer, who can guide him through the process of tallying all of the debts and assets, and notifying creditors of their share (if any) of the assets.
      0 Votes

  • 35x35
    Feb, 2012
    Chris
    My mother recently passed away. She had a will leaving everything to my father. The only asset she had in her name was a 1999 car with little value. She also owed balances on 2 credit cards that were in her name only. My father has been contacted a couple of times in the past week by a collection agency for one of them. Both times he was told that he was not responsible for her debt but they wanted the name of the person responsible for handling the paying off of her debts. Since she didn't have an estate to speak of as they owned everything but the car together, does he have any responsibility to pay the credit cards?
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      The answer to your question is, "No, your father most likely has no liability for his deceased spouse's separate credit card debt." However, your father should consult with a lawyer in his state who has probate experience to learn a more precise answer than the one I just offered.
      0 Votes

  • 35x35
    Jan, 2012
    Deena
    My grandmother died in December 2011 without a will (NY Resident). She had a home (all mortgages paid), a car, 1 bank account and a college fund for her great-grandchild (my daughter). So far, her medical, credit & misc. debt totals $17,000. Will we have to tap into the college fund to pay off her debt? We really don't want to sell the house.
    0 Votes

    • 35x35
      Jan, 2012
      Bill
      Her estate is liable for her debts. You need to speak with an experienced probate attorney, to find out the best way to satisfy her creditors and use her assets wisely and to your best advantage.
      0 Votes

  • 35x35
    Dec, 2011
    Sara
    Hi. My father passed away a few months ago, and he left everything in his will to my mother. We live in PA, a non community state. My mother received most of everything - her name was on all property, except: her name is not on the deed to a rental property. They were married almost 35 years, and although the property was purchased by my father before their marriage, she has been paying the mortgage on the property, as well as upkeep, etc. for the entirety of the marriage. Now, she is stuck paying the mortgage which has skyrocketed b/c no one will give her home insurance since she is not on the deed. She was advised to open an estate for the house, but will receive nothing from it due to my father's debt. So, my question is: is the house hers since it was left to her in the will, even if her name is not on the deed? Is she stuck paying the mortgage without getting anything out of the estate? She has a lawyer, but I have encouraged her to seek advice from another source as he is unreliable and not forthcoming.
    0 Votes

    • 35x35
      Dec, 2011
      Bill
      I am not a lawyer, so I cannot give you legal advice. If you are unhappy with your lawyer, then it might be prudent to look for another one. Base your decision on the lawyer's competence and not the answer you receive. You do not mention if your mother is a borrower on the loan. If she is, then she is liable for the loan, and if there is a deficiency balance, after selling the property, then she very well could be liable for that.

      In any case, the transfer of title and paying of the debt, should be done through an estate lawyer. If the deed and the loan were in your father's name, then his estate would be liable for paying off the loan, at the time of the transfer. If the sale brings insufficient funds, then the estate would be liable to pay, if there are other sources of money in the estate. In any case, seek advice from a lawyer who practices estate law.
      0 Votes

    • 35x35
      Feb, 2012
      Bill
      Depending on the state, the fact that community property money was used to pay for the rental, your mom would be entitled to half ownership. If your dad's liabilities exceed the assets, she may have to sell the property, but she would retain her half interest in the equity. This of course depends on if his debts were community property debts.
      0 Votes

    • 35x35
      Feb, 2012
      Bill
      Thank you for your analysis. The answers to these types of questions vary according to the details of each case. Readers should consult with a lawyer who has probate experience for a tailored analysis and answer.
      0 Votes

  • 35x35
    Nov, 2011
    John
    My father recently passed away. My mother is still living. The will leaves everything to my mother. My father had a car, with a loan that still has two more years of payments. The title and loan were in his name only. My mother wants to sell the car to someone. It would appear we need to put the title of the car in her name. But we do not have the title - the lienholder (credit union) has the title since there is still a loan on the vehicle. How can she sell the vehicle without having to pay off the loan first to get the title? I think the state (PA) has an option to change the title to the estate - should I do that?
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      The procedure used to transfer title will depend on the manner that the estate is executed. Read Pennsylvania's Department of Motor Vehicles fact sheet about transferring title after death of owner. If your mother wishes to sell the car, then you must contact the lender to deal with paying off the loan and discharging the lien. Contact your lawyer for any legal assistance needed.
      0 Votes

  • 35x35
    Nov, 2011
    christa
    My mother passed away in 2004. We didn't go through probate and now my father has passed. The attorney says we have to close my mother's estate first. She has a judgement for $16,000. We just discovered will we be responsible for this out of my fathers estate.
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      Follow your lawyer's advice. Your situation illustrates how important it is for every estate to go through probate.
      0 Votes

  • 35x35
    Oct, 2011
    Amy
    my mother is naming me executor of her will, and she will probably pass soon. but she has barely any assets, none that i cant even think of that would generate any money to pay off her hospital debt.. no car, no house, no stocks bonds or savings, no life insurance... whats going to happen to the quarter of a million dollars in hospital bills after she passes? i dont think i will personally be responsible for them but with no assets there is no way to pay off debt so then what?
    2 Votes

    • 35x35
      Oct, 2011
      Bill
      You need a quick education in your mother's state probate laws. This is a vast oversimplification, but think of probate as a bankruptcy filing. All of the assets are accounted for and tallied, and the same is true for debts and liabilities. The liabilities are ranked and paid until all of the assets are exhausted. Unpaid and underpaid creditors are notified the estate's assets are exhausted. If there are more assets than liabilities, then the heirs and people mentioned in any will are paid.

      Again, what I wrote above is simplified to illustrate the process in general. A lawyer in your mother's state who has probate experience can guide you through the process in detail.
      0 Votes

  • 35x35
    Sep, 2011
    Celia
    I apologize in advance because I know this might be one of the most difficult situations to answer. My father, who will be found Not Guilty by Reason of Insanity, took the life of my mother and I am their only child. At the moment, my 69 yr old father is in jail. Due to being in total shock for the past year, I did absolutely nothing with their estate. I let the house foreclose because there was no equity in it and I allowed their car to be repossesed. My parents were married for 43 yrs and had a joint bank account, and that was it when it came to assets other than the house. Do I need to do a probate? I know my mother had a credit card in her name that had about $7,000 on it and some hospital bills. Am I going to get in trouble for not filing for probate? At the time of death, my parent's had a savings acct with $15,000 in it. Since I know that my dad knows he will spend the rest of his life either in prison or in a state mental institution, can my dad gift some of that money to me and my children even though we haven't paid off my mom's credit card debt or hospital bills? As you can imagine, this has been the most traumatic experience and even though I am an educated woman, I feel totally lost. I don't want to do the wrong thing and get in trouble. On the other hand, I spent years taking care of my parents and I would much rather use the money than to have it disappear to creditors. Thank you in advance for your time in answering my question.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Your situation is sad, tragic, and very distressing, but from a legal perspective your financial issues are not unique. Consult with a lawyer who has probate experience. He or she will help you sort out the assets and liabilities in your mother's estate, and can help you maximize the amount your father can gift to his offspring. I doubt you will "get in trouble" for probating the estate at this time, but the longer you wait the more complicated issues can become with creditors.
      0 Votes

  • 35x35
    Sep, 2011
    russ
    My wife has been deceased about 4 yrs. She filed as a single tax return. I also filed as a single. Her name is on the title. The city of phila is saying she owes 27000 in back taxes that I am responible for . Is that correct
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Did the decedent's estate go through the Pennsylvania (or some other state's) probate process? If so, consult with the executor of the decedent's estate to learn if and how the decedent's tax liabilities were resolved. If the decedent's estate was not probated, then consult with a Pennsylvania lawyer who has probate experience. He or she will advise you accordingly.
      0 Votes

  • 35x35
    Sep, 2011
    Jena
    My mother passed away in January with no will. I went through the probate process with the only asset being a home. I have been living in this house and planned on having it transferred to my name. My fiancé and I are expecting a child in November and have settled down here. Recently I received letters in the mail from EIS saying that 4 different credit card companies are seeking in excess of $10k . Can they take the house from me? What if it is already in my name? I am an only child.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      My answer assumes the four delinquent credit card balances were in the decedent's name. If my assumption is correct, send copies of the letters you received from the collection agent to the lawyer, administrator, or executor who probated the estate. He or she will contact the collection agent and explain the estate was already probated under the laws of the decedent's state, and that their not making a claim to the estate in a timely manner voided their rights to collect from the estate.
      0 Votes

  • 35x35
    Sep, 2011
    cathy
    Iam married and have metastatic breast cancer given 2-5 years to live. I have 2 credit cards in my name only and wonder if my husband will be responsible when I pass? I have been trying to make extra payments because without my social security disability dollars he may not make it with the other bills we have jointly, and the fact that his overtime will soon be eliminated at work which we also have grown to rely on over the years. I have a life ins. policy for 15,000.00 which we planned for burial, etc...will this be considered an asset on my behalf that can be collected by credit companies? I was going to get a balance transfer with cheaper rate etc., but my husband would then be on new card I transfer to. Should I keep trying to pay mine down given high interest rates or just pay minimum or find different card with better rate under my husbands name? Time is of essence as I said overtime will soon be gone and we may not be able to afford all of our debts...please HELP....
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Consult with a lawyer who has wills, trusts, and estates law experience in your state to learn how to set up your estate to eliminate your spouse's liability for your debt.

      If the account you mentioned is in your name only, then your best course of action may be to default on the account.
      0 Votes

  • 35x35
    Aug, 2011
    Jerry
    My wife and I both lived in the State of Washington and remained married until her death about a year ago. We have been mutually and voluntarily living separately for the past five years even though we have been married continuously for 45 years. We continued our relationship and saw each other almost daily. I provided the major portion of her support which equaled many thousands of dollars each year. We filed our taxes as married filing jointly which I paid each year. I provided medical, dental, vision insurances voluntarily and paid all co-pays. Paid her telephone, cable, cell phone and other expenses required for life. We were the beneficiaries for each other on our life insurance policies. We each had seperate bank accounts. My wife became very ill about a year ago following an eight year battle with breast cancer. Ten days prior to her death (keep in mind we were residing seperately) we moved her to Idaho so she could be with our daughter...she needed someone with her round the clock including hospice. She died in Idaho. I have no will, my wife had no will. The property at her apartment which was located a few blocks from me was promptly packed up and placed in storage by my daughter in Idaho. My question is: Who has the rights to the property in storage and my wife's belongings? Her car was in her name. My car is in my name even though I paid the insurance premiums for both automobiles and most of the upkeep, batteries, tires, etc. My daughter signed my wife's signature (AFTER my wife's death) to the car title so it would appear that my wife sold her the car. I think this is illegal. Anyway, I want my wife's personal property and furnishings...many of which I provided and acquired for her. Any advise would be most welcome. Do I need to consult an attorney...and what type of attorney should I contact? I hate doing this, however, I feel I am left with no other choice. Thank you.
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      Jerry, you most definitely need to consult with an experienced attorney! Contact a probate or estate lawyer ASAP.
      0 Votes

  • 35x35
    Mar, 2011
    Kimberly
    My husband passed away and his name is on the title and loan to the house, and not mine. He purchased it before we were married. I have been making mortgage payments but I can't afford it anymore. His other debts have been paid- car and credit is payed off. Am I legally responsible for the mortgage? What if I don't want the house? I live in Oregon.
    0 Votes

    • 35x35
      Mar, 2011
      Bill
      Did you probate your deceased spouse's estate? I am surmising you did not. Consult with a Oregon lawyer who has experience in probating estates to learn what, if any, liability you have for your deceased spouse's mortgage.

      Oregon is a community property state, and therefore you may have liability for the mortgage if you were legally married to the decedent. However, I am not trained in Oregon's community property law, and therefore am not competent to give you a deep answer to your question. As I mentioned, consult with an Oregon lawyer.
      0 Votes

  • 35x35
    Mar, 2011
    kitty
    In California, could a judge force/harass a 72 year old retired husband with heart issues and on minimal social security payments to pay for wife's credit card debts when he did not sign up for any of the cards in his name or use any of them? also bank accounts are separate, not joint.They cannot afford an attorney since the wife no longer has a job. They do not own any property or have assets or savings either.
    0 Votes

    • 35x35
      Mar, 2011
      Bill
      It could be possible that your friend was viewed as responsible for his wife's debts, even though they were in her name only, due to the fact that California is a community property state. Your friend needs to consult with an attorney. As you stated he can't afford one, he should contact the county bar association and ask for the name of the local organization that provides legal assistance for people in his area with low or no income. He should make an appointment with that organization, and bring all of his documents relating to the debt and what the judge is demanding to the meeting. A lawyer or paralegal will advise him accordingly.
      0 Votes

  • 35x35
    Oct, 2010
    Bill
    When a spouse dies, his or her estate goes through the probate process in which the assets and liabilities are discovered. The debts are paid from the assets, and any remainder is passed to the heirs. You mentioned New Jersey, a state that follows common law in family court. Consult with a New Jersey attorney who has wills and trusts experience. All of us should have a will or trust. If your spouse does not, now is the time to create a will or trust.
    0 Votes

  • 35x35
    Oct, 2010
    terry
    I live in new jersey and i owned my house before marriage. my husband has cancer, one credit card with debt and a car loan he purchased after we married as he did the credit card. what happens if he passes away?
    0 Votes

  • 35x35
    Aug, 2010
    Daniel
    very informative. Now I can have peace of mind. Your explanation is to the point.
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    Please review my original answer above to understand the issues you face.
    1 Votes

  • 35x35
    Mar, 2010
    Mike
    I live in the state of Washington. My wife pasted away October 25, 2008. She had two credit cards in her name only. Do I have to pay for these?
    4 Votes

  • 35x35
    Feb, 2010
    Nicole
    Thanks so much for replying. I did find some bankruptcy papers that belonged to my mother and the HE loan was on there as a second mortgage, so I assume there was a lien. I'll check into this further. However, it may be a moot point...the money's already been paid to the second lien holder, and I may not be able to get it back even if I shoud not have paid it. Thanks for such a quick response.
    0 Votes

  • 35x35
    Jan, 2010
    Nicole
    Hello, My mother and I owned a house together. She is now deceased. She took out a home equity loan, but did not finish paying it. I did not cosign for the loan, but had to sign the loan document giving permission to use the house for collateral. I was told by the secind lien holder (did not vefiry that the house had a lien) that I had to pay the loan since I was selling. I did pay the loan. However, I'm not really sure if I should have.
    0 Votes

  • 35x35
    Jan, 2010
    Bill
    It is impossible for me to comment on your issue without knowing more. Did the house go through probate, and if not should it have? What kind of loan did you mother have? Was it a mortgage or reverse mortgage? The lesson here is do not believe legal advice from creditors. It is common for customer service representatives at creditors to lie to the family of the deceased and tell them they are responsible for repaying the decedent's debts. In this case, you may or may not have been responsible for the debt. Consult with an attorney in your state to learn the answer for certain.
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    I encourage you to speak an attorney in your state to determine whether you are liable for the payment.
    0 Votes

  • 35x35
    Dec, 2009
    Chris
    My old health insurance recently paid for a prescription (in Texas) for which my new health insurance was liable, even though I had given the pharmacy the new information. They old insurance is trying to collect the amount they paid for the prescription from me. The old insurance was in effect when I placed the order, but not by the time I paid for it (a matter of days). Am I liable to fix this mess?
    0 Votes