Debt after death

[Anonymous]

Mom bought something on credit..no interest for the first 6months deal. There is some confusion relating to the bill which came from a different company. Interest and fees were added before they figured it out. Mom dies. Is Dad responsible for the bill? His name is not on it. They have joint assets that all became his. He is not really trying to just not pay but the fees and interest are super high (and the item is useless now)

[Anonymous]

Her estate owns part of those assets and yes, the debt needs to be paid from her estate.

[Anonymous]

What exactly is her estate when their was nothing soley in her name?

[Anonymous]

Anonymous wrote:What exactly is her estate when their was nothing soley in her name?

Including this debt?

[Anonymous]

It depends on the state and whether she had independent assets that your father inherited or only joint assets.

[Anonymous]

She had no independent assets.

[Anonymous]

What state?
This was her credit card, not a joint credit card?

In Maryland- after a spouse dies, any property the spouse held independently must be used to pay off any debt the spouse had independently.

https://www.peoples-law.org/spouses-debts

[Anonymous]

No it was not on a credit card. It was financed. Dad has apparently already paid the original cost.He has not paid the extra fees.

[Anonymous]

Anonymous wrote:What exactly is her estate when their was nothing soley in her name?

Her interest in jointly owned assets is included in her estate. Joint ownership doesn’t negate the fact that at death she owned it. It just makes it easier for the survivor to assume complete ownership.

[Anonymous]

I think your dad should try calling local senior service agencies and see if anyone there can help him.

Or a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What exactly is her estate when their was nothing soley in her name?

Her interest in jointly owned assets is included in her estate. Joint ownership doesn’t negate the fact that at death she owned it. It just makes it easier for the survivor to assume complete ownership.

At death, her interest in joint accounts ceases to exist. The debt is part of the estate, but the accounts aren't

[Anonymous]

Yes, her estate does. See if they can get the interest removed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What exactly is her estate when their was nothing soley in her name?

Her interest in jointly owned assets is included in her estate. Joint ownership doesn’t negate the fact that at death she owned it. It just makes it easier for the survivor to assume complete ownership.

At death, her interest in joint accounts ceases to exist. The debt is part of the estate, but the accounts aren't

No. You are wrong. Net assets transfer so full title vests in the joint owner. Your assessment would lead to absolutely ludicrous results.

[Anonymous]

This is not legal advice, but after my husband died, I refused to pay a couple of medical bills. My understanding is that I couldn't be legally compelled to pay, but I'm not sure whether that's accurate. The bills were small, and I had legitimate reasons for disputing them (or my husband had legitimate reasons for disputing them). The doctor's offices eventually stopped pestering me about it, and the bills remained unpaid.

[Anonymous]

Unless their joint assets were very low (like below 40-50k excluding home equity) he will likely have to pay. She was extended credit based upon her full financial situation.

If she were single when she died, the estate would have to pay the debt if the estate had the money to do so.