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Who is Responsible for the debt of a dead spouse- Debt after Death in a Community Property State

By Edited Nov 13, 2013 0 0

The death of the better half is considered to be a terrible time for the family. It becomes the responsibility for the surviving spouse to pay off the debt of the deceased partner and more so when their property is co-owned. Financial conditions should be kept away from the surviving husband or wife till they have not retained their composure, in order to act and think clearly. Naturally, the creditors will take a note of accounts with extra time when they are aware of the condition. If the surviving spouse doesn't take the responsibility related to finances in a few weeks then relatives can help the surviving partner to take control of finances.

Who is Responsible for the Dead wife/husband Debt?

When several creditors are aware of recent death of wife/husband, the first thing they do is that they make a call to surviving other half and ask for a payment. Many companies ask the surviving wife/husband to pay the debts of the dead spouse. The United States Federal Trade Commission is an organization which is in-charge of overseeing customer safeguard issues. According to FTC reports the remaining partner is not particularly responsible for paying off debt for his family members who has passed away. The Fair Debt Collection Practice Act particularly covers all the privileges or rights of remaining spouse. It also restricts collectors from using abusive language, deceptive tactics and unfair means in order to collect the debt from anyone. In this act, the collector of debt is defined as a set of companies who buy delinquent debts and are the lawyers who accumulate debt on regular basis.

According to law, it states that the property of person is responsible to pay off their debts. When property of the dead spouse is not enough to pay the debt then remaining partner will be responsible to pay. Before making payment of debt you need to consult the attorney and other relatives are not allowed to pay off the debt.

What to Do If Debt Collectors Call

If debt collector makes a call to or asks for the payment you can simply give the collector the contact number of property executor. If the dead spouse didn't have any will, then the court will employ an executor to settle the affairs. The debt collector should not discuss anything about the dead spouse from anyone except the surviving spouse or the executor.

Never provide any information to anyone related to dead wife or husband's affairs. Also don't provide account number, birth dates and social security numbers to strangers.



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