| No. Her estate pays bills that were in her name only. Your dad is not her estate. Accounts and assets that transfer to him automatically upon her death are not part of the estate. |
Similar situation happened to a relative where H died. Family's medical insurance was through the husband and H&W both had credit cards on their own names as well as joint. Financial assets north of $3M, paid off house, 2 cars, etc. Cars and some of the financial assets were in H's name. Bills that came in after death included a hospital bill including ER for DC1 (Insurance was in H's name), Hospital bill for H's short stay at diff hospital before death (which W paid), and credit cards in H's name. No Will or Trust. They didn't even go through probate. Used the death cert to transfer assets over to W's name (car, the couple of accounts that were only in H's name, etc.) before addressing debtors. Wrote each of them a letter after about 3 months to let them know of death and requested write-off. All of them either did or stopped calling. If i recall, one of them may have passed it on to collections but W just told them what happened and they stopped calling as well. |
So basically she had no estate... Dad is going to send the death certificate and see what happens. Attorney friend said it is quite unlikely he will gear from them again |
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You need actual legal advice here OP. Any community property state will consider her debts his responsibility too. Those states are:
Arizona California Idaho Louisiana Nevada New Mexico Texas Washington Wisconsin |
| When my husband died I was responsible for the credit card debt we jointly held (final purchase was Pampers 15 minutes before his accident). I was briefly responsible for the car loan, but insurance covered that. He had several years of student loan payments owed, but his death discharged them. |
Sorry, but need to start with practical advice. How much is the debt ? Is it worth the stress ? |
I’m so sorry. |
Do you mean "when there was nothing solely in her name?" If so, the answer is to ask a lawyer. S/he will tell you how the laws read in whatever state your mother formerly resided. |
| He has nothing to lose by sending a death certificate. If they write it off..great. If not then either pay it or contact a lawyer. |