ChatterBank2 mins ago
debts when you die
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my parents share ownership of their home. My mother has a large credit card debt that, now she is retired, is having to pay off at an agreed small monthly amount (with no interest accruing). If my mother dies first will my father be liable for the debt and will it be claimed from the house? If ownership of the house was just my fathers, would he a) be liable for my mothers debt and b) if the house is just in his name, could they make a claim from it on my mothers death?
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For more on marking an answer as the "Best Answer", please visit our FAQ.The debt survives the debtor. It is payable from her estate, before anything is distributed to beneficiaries. If she owns house or share of house's value, that would have to used up to pay debt.
Father not personally liable- he is not the debtor. If he owns house in sole name, and mother owns no part or share, she has no value which could be used-up.
HOWEVER, she cannot simply give away her share (if she has one) to defraud creditor.
Father not personally liable- he is not the debtor. If he owns house in sole name, and mother owns no part or share, she has no value which could be used-up.
HOWEVER, she cannot simply give away her share (if she has one) to defraud creditor.
I think this could be a bit more complex. If the house is owned as a joint tenancy then the deceased's share automatically goes to the survivor and is not part of the estate to be distributed to beneficiaries. This could be seen as putting it beyond the reach of creditors, but it is possible for a creditor to bring a bankruptcy petition against the deceased's estate. If this was done (I believe it is very rare) I think her share in the house would be treated as an asset in the bankruptcy and - in a worst case scenario - the house could have to be sold to pay the debt and bankruptcy costs.