Is my mother responsible for debt my father incurred, who has now past on?
Answer:
It depends if it is secured debt or not. If it is a credit card and it was exclusively in his name, then your mother does not have an obligation. Your fathers estate, on the other, may be liable. If he left you nothing, then there is nothing to use to pay back. If he had a life insurance policy or something like that, then they have some basis to demand at least some of that money.
I know in some situations they can't force you to pay it, but I think it depends on how long it has been. I'd suggest speaking with a lawyer or financial advisor about it.
Generally, if they were married when he passed, then yes, she is responsible, otherwise, it would be his estate that is responsible.
Texas is a community property state. Even though the debt is in his name only, if they were married at the time the debt incurred then yes,she is in fact responsible for it. However, most companies take that into consideration. When she does call back, just tell her flat out that your dad is deceased and there are no funds from the estate to pay the bill and leave it at that.
It depends on what the debt is. If it's something that was completely not in your mother's name, she should have no legal obligation to pay (for example, a credit card account or student loan of which she had no joint ownership). If she did have ownership, entitlement, or benefit to the debt in any way, she may have to pay for it. I would consult an attorney because some companies (such as Chase) are sneaky and try to stick it to the average person, knowing that they do not have the batallion of lawyers that a corporation would have. Some people don't question anything and will simply pay if they are told to pay. Good for you for questioning this. It sounds fishy to me.
Probably, regardless of the time of the debt, it will all depend on what the contract says, if there are assets indicated to cover the debt. Take a look at the contract before doing anything else and consult an specialist to make sure you do the right thing.
Assuming that the debt is not for a car which your mother now uses, or something similar (Secured debt in which your mother now USES or POSESSES The security collateral), she would not be responsible.
It is the responsibility of THE ESTATE to cover debts. You mother would receive "the remainder". If he had other assets that she collected on (Life insurance is exempt from this) then she may have to pay becuase she did receive money from the estate while a bill was still outstanding.
Those bill collectors are bad! Don't talk to them!
no not at all. she is not liable for his debt. if they still ask for the payment from you mom tell them that you not liable for his debt and if you have any ? you could ask my layer about it. when someone has past on, there debt should be no longer. if im right you need to show or fax them his death certificate.
It depends on what kind of debt we are talking about here. If it is credit card debt your mother was not on the account, then she has absolutely no responsibility regardless of whether Texas is a community property state or not, because credit card debt is not considered property. Besides that, the laws in Texas are not applicable unless the creditor is based in Texes, otherwise the laws of the state that the creditor is in apply. Generally in this case, the creditor will go after the estate for any unpaid balances. I think this is just a case of a creditor doing EVERYTHING possible to get their money back, because sometimes family will pay off to ensure the deceased has a clear name.
no your mother or any of the family is responsible for your fathers debt since it was just in his name the only thing your reponse should be is **my father is deceased and the caller should process a decesed form and close that acct*
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