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by JmV on January 6th, 2008
In general, no. Credit card debts and the like are forgiven, but it is necessary to write a letter to the creditor and enclose an official (noterized) copy of the death certificate. Funeral Homes generally provide the principle relative (wife, child) with 10 copies.
Here are the exceptions:
Co-signer. If someone co-signs a promissory note along with the deceased person, then he/she will be liable even if the co-signature was an accommodation only and did not benefit the co-signer financially.
Guarantee. If someone guarantees the payment of the debt then on the death of the primary obligor, if his estate has insufficient assets to pay the debt, the creditor can demand that the guarantor pay the debt.
Necessaries. If someone has supplied the deceased person with necessities of life, such as food, clothing, medicine, shelter and so on, that also benefit the survivor, then although the primary responsibility is that of the deceased person's estate, the supplier may look for payment to the survivor who benefited from the necessaries.
by Anonymous on January 6th, 2008
A will just decides who gets assets after the creditors. The estate is responsible for all debts. If the estate cannot afford the debts, then they are written off.
However, creditors (even unsecured creditors) have priority over beneficiaries.
by Grandma Roses - my avatar is my real dog on January 6th, 2008
Any secured debts should be paid out of the estate of the deceased, if there is one.
My Dads wife of 16 months made him change titles AFTER he made his will(she WASN'T named)Is she entitled to the jointly owned property?
by pammylynn2 on April 10th, 2011
| 1 person likes this
Will ask again, Would you recommend using an online legal service?
by Anonymous on March 7th, 2011
| 1 person likes this
Currently, 2011, do you need to have a small estate affidavit notarized in Illinois? I think this may have been a recent change.
by vsmyth on May 26th, 2011
| 1 person likes this
My step dad passed in March with no will. My mom is still living. Are his kids entitled to anything even if he disowned them years ago?
by Jean_M2243 on May 15th, 2011
| 1 person likes this
Can a person be legally entitled to something that "was promised" to them but which isn't mentioned in the written will of the deceased?
by dickens77 on March 13th, 2011
| 1 person likes this
You're reading If an adult passes away and there is not a will, who is automatically responsible for the unpaid debts of the deceased?
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