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  #1 ()
margaretihartmanl : my husband who was not the beneficiary is the only living relative left...so he had to petition the court to become executor now we just got a call from a credit card company saying that we have to pay for his credit card debt is this true...we don't have the money

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  #2 ()
Gary_alarygosy : As executor of the will (be careful for what you ask for) the estate is responsible for the outstanding debts of the deceased.

You were looking for a big insurance payoff and now all you are getting is sued for his debt

Isn't greed wonderful?
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  #3 ()
BabFibShooria : Yes. The executor of the estate must pay all of the deceased's outstanding bills up to as much as was received, but no more.
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  #4 ()
Sophia288 : Tell the credit card company that you can't pay it off and tell them that your brother in law died. Im pretty sure they gunna put it as a settlement on his social and then after 5-10years it will be erased off his credit and gone. They can't do anything to be honest. So your all good, just let the time go and they would easily forget because there making tons of money. GOODLUCK and have a great day:)
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  #5 ()
Ceanolobgenly : Creditors have the right to collect out of an estate. That is all they can collect. They cannot go after or force you or you husband to use your personal assets to pay. As long as the life insurance is paid directly to your husband and not to him as the executor of the estate. That should be safe as well.
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  #6 ()
gopotrev : No your husband is not responsible for your brother in laws debt,what will happen is that any money you get from the insurance , once funeral costs are paid should be put to clearing any debts that he left,if there is not enough money to clear the debts that is not your fault,on no account is your husband to pay,he is not liable for the debt. In cases where there is not the money to clear debts of a deceased person the debts are written off.
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  #7 ()
epfvbfaz : As executor, it is your legal obligation to discharge fully the debts of the deceased from his estate. Once the debts are discharged, you can dispose of what's left according to the terms of the will. If no will, estate administration/succession legislation applies.
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  #8 ()
nztjqvbovxna : HOLD THE PHONE!!

Heirs are not responsible for the debts of the deceased. The deceased's estate is responsible. If the deceased does/did not have enough assets to settle all the debts, the unsettled debts go unpaid. Tough luck for the creditors.

Now, here's the kicker. If you and your husband simply took over his brother's belongings, you have converted his estate into your assets, probably wrongfully. By doing so, you denied your brother-in-law's creditors what is rightfully theirs. You are on the hook for the assets you may have taken without due process.

If your husband who is now the executor follows the law, he should notify creditors of his brother's death. Creditors usually have 60 to 90 days to file claims, depending onthe state your BIL lived in. Any assets of your BIL that you and your husband converted to your own may have to be used to pay creditors. I would be interested in knowing how you got your BIL's bank accounts and real estate without following probate a year ago.

If your BIL died penniless, then the creditors get nothing. The executor simply writes a letter to the creditor stating that there are no assets to pay debts. (Expect bill collectors and nasty letters, but stand your ground: there are no assets to pay debts. Unless, of course, there are.)

Since the life insurance policy is payable only to the beneficiary, it is not available to pay creditors. Your husband has no rights regarding the policy, including even knowing who the beneficiary is. Creditors have absolutely no rights unless the beneficiary of the policy was the estate.
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  #9 ()
Reenoppomia : No, you don't have to pay the credit card company. The estate has to pay the credit card company. If someone has paid out the assets of the estate in error, prior to satisfying the credit card debt, then they are personally responsible to the estate to pay back the amount taken from the estate. Life insurance is not part of the estate unless the estate is named as the beneficiary. The administrator of the estate should have told you all of this. You technically only have an "executor" if there was a will. Since you said, "only living relative", that would imply the estate was passed to him by the laws of intestacy in that state, not by will.
Add: Really? Thumbs down for a completely accurate answer? What's wrong with you people?
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  #10 ()
HogGlignBog : the estate pays the legitimate debts of the deceased -- if he had enough assets to pay them. you do NOT pay these out of your personal money.

it is IMPORTANT that the executor follow the law and pay bills and debts in the priority order the law requires -- if there isn't enough money left, the last creditors [credit cards are among these] don't get paid or don't get all that they want. The Executor is also required to sell any and all assets of the deceased to raise funds to pay the bills -- if he had anything of value to sell that became part of the estate.

note that if the life policy's beneficiary(s) are all deceased, then the estate probably will receive the policy's money, so that's where the money might come from to pay the debts.
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