Is my mother responsible for debt my father incurred, who has now past on?

Question

We thought we had everything covered but just recently we got a call asking when my mom going to pay and how much. Good thing I was here, she told her nothing, but the women said she would call back Friday waiting for our decision! The debt is only in his name and hasn't been paid in two months! She has no idea what it's for. We live in Texas. Please help!

Answer 1

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.

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

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.

Answer 6

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.

Answer 7

i don't help the assumption of calling it DEBT. Giving own loan and accumulating it decrease back is in no way considered as a noble interest in human society. Shylock in provider provider of Venice is hated by making use of each and every of the human beings on account that hundreds years. additionally what Dronacharya had achieved to Ekalavya is often criticised. hence what our mothers and fathers have achieved to us isn't debt. Its thousand cases large interest than that. this would in no way be repaid. this is in no way meant to be repaid. we ought to continuously continuously worship them as purely God seen to us. we ought to continuously continuously nurture them as a sparkling born toddler. we ought to continuously take care off them like our son and daughter. God might bless us. If i can make my mothers and fathers smile - i'm chuffed.

Answer 8

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***

Answer 9

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.

Answer 10

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.