Debt Collection, Garnishment, Repossession
questions & answers
Question: When a spouse passes away and has debt in his/her name only, like credit cards, and or contractual obligations for satellite services or cell phone service that charge fee for early termination, etc.- is the remaining spouse responsble for that debt and fulfilling contractual obligation?
Answer: Typically, if the debt was accrued during the marriage and there is no premarital agreement, the debt is a community debt, regardless of how it is titled. In that case, typically, the deceased spouse's 1/2 community interest would be liable for paying the debt. If the individual signed a personal guarantee and signed as the only guarantor, the sole and separate property of the deceased spouse and 1/2 of the community property would be responsible. Usually creditors are more than willing to negotiate the amount of the debt once one spouse dies.
QUESTIONS
-
When a spouse passes away and has debt in his/her name only, like credit cards, and or contractual obligations for satellite services or cell phone service that charge fee for early termination, etc.- is the remaining spouse responsble for that debt and fulfilling contractual obligation?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Arizona Coalition to End Sexual & Domestic Violence
View full description - Southern Arizona Legal Aid, Inc. - Lakeside - Apache, Gila, and Navajo Counties
View full description - Pro Bono Program - Yavapai County
View full description - Arizona Center for Disability Law-Phoenix
View full description - Catholic Charities - Central & Northern Arizona
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.