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can OC's collect from spouse of deceased debtor?


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Ok, this will sound way out there, but I'm trying to help my sister, her husband died, she is severly limited mentally (brain damage from 1994 illness) and she discovered he owed approx $15,000 to 2 credit cards. When she called for info (what the heck did he charge?) she was told they could not give her any info. Second call, they said she was not listed on the cards, nor was she authorized to use them. She told them repeatedly he is dead, they didn't seem to care, just would not give her any info.

Since husband deceased, she inherited his IRA (small), is in process of trying to get her disability, cannot work, not functioning very well at all, does own house with small home equity loan (not sure how much equity, but most of house is prob. pd for).

Now the question - is she in any way liable for these debts?

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Is she in a community property state ??

If not, the answer is NO, she is not liable. Debts of the deceased are paid out of any estate left (the house ?) and this is handled in Probate. If there's no money to pay the debts, the creditors are out of luck. Did he leave a Will.. was it probated ?? Has she sent these idiots a copy of his death certificate ???

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Not sure if IN is a community property state or not, I'll try to find that out.

No will, no probate, unless someone, or some reason makes her do that. House is in her name, bank said they would transfer his name off deed, his name and hers were on cars (old truck & old cadallic, not worth more than $500 together). Bank advised her no probate needed.

She offered to send death certificate, they asked for proof that she was executor of estate (which there isn't one). Should she send death certificate?

[Edit by wobbles on Friday, May 23, 2003 @ 08:38 AM]

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