Do beneficaries have to pay for outstanding cred card debt of deceased?

Question

The deceased has only a car in his name which has no liens. The house I purchased prior to meeting and remains in my name only. Lots of insurance but all designated to beneficaries, not to his estate. So I can see that he has no "estate" as such. I've been told a copy of the death certificate to the credit agency would suffice. Am I being incredible niave?

Answer 1

Good question for a lawyer because if an heir - or a beneficiary - accepts the will (which he doesn't have to) , then he (or she) accepts what's in it: it the deceased left 50,000$ dollars, that's nice. But if the deceased also has debts of 100,000$, then those debts get paid first (especially if they are owed to the government), which means the heir is in the hole for 50,000$....Get thee to a lawyer.

Answer 2

The estate is simply the car.  Once it is sold, the debts are paid from the proceeds.  If there is still debt left over, it remains unpaid.

Answer 3

No you are not, that is correct.

Answer 4

No. Once the person passes, if they have an estate (house) the debt will be taken out of the estate.  If he has no estate then you should tell the debt collectors that the person passed and send them a certificate so they stop calling.  That doesn't mean they will stop calling, they want their money so they will call even the neighbor.  

Answer 5

you are not liable for anyone else's debt unless you have signed a legal document that says you are (eg a guarantor form)