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Assets and debt collection of deceased

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  • Assets and debt collection of deceased

    In the state of minnesota, when a married person dies does ownership of automobile (only in deceased name) transfer to wife? If it does, then does the wife assume responsibility for credit card debt (only in deceased name) as well? Can credit card companies go after wife for the vehicle to satisfy debt against the deceased if wife had car title transfered to her name?

  • #2
    Re: Assets and debt collection of deceased

    I wish to inform you that when a person dies his assets are transferred to his heirs. In this case, the transfer of assets are to the legal heirs if a person has not made any Will. When a person dies without a Will, the estate of the deceased will be distributed among a person's spouse and the children, if any. Further, in this firstly the creditors of the deceased person will be paid their amount from the assets of the deceased and then the remaining assets belong to the heirs. The liability of the heirs is limited to the value of assets heirs inherit. The assets include the car owned by the deceased.

    AFF

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    • #3
      Re: Assets and debt collection of deceased

      When a person dies, either they have a will (or living trust) or they die intestate, meaning without one. Regardless of whether one is married or not, all heirs are open to probate if there is no will (actually, they can contest even a will that was left).

      The wife is under no personal legal obligation to continue to pay for the debt that belonged solely to her husband. The money, should the creditors continue to collect, will come from any estate the deceased left behind. Only after all debts have been satisfied will any property/money be distributed to heirs involved.

      For this, if he died intestate, somebody would have to file, in Probate Court, to be appointed his Personal Representative (which means acting in the same capacity as Executor of a will).

      The wife cannot have the title transferred into her name unless she is named Personal Representative. Then, she can transfer the title. The deceased can no longer transfer title and since there would be no signature from the original title owner, nobody else can sign for him unless legally authorized to do so.

      No creditor will go after the wife personally for the debts. Meaning, she will not have to take up the debt and pay from her own pocket. If she's the Personal Representative, she will be able to make decisions about either liquidating his assets to pay, or to pay from any bank accounts he may have held.

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      • #4
        Re: Assets and debt collection of deceased

        The creditors can demand the estate pay them before any assets are distributed.

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        • #5
          Re: Assets and debt collection of deceased

          If there is an estate to begin with.

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          • #6
            Re: Assets and debt collection of deceased

            I would surely have counsel help review this all. Details do matter.

            I was in the same situation a year ago.

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