am I obligated to pay my husbands credit card debt and medical bills

[sweethart88]

Jurisdiction

Alabama

Want to know what bills I have to pay for my husband. I live in Alabama, where he died just last week after a long battle with COPD. He left a will leaving everything (including the house and all his personal possessions) but the three automobiles were left to our 27 year old son. He did not have any other assets except money in two bank accounts with his Social Security and VA Pension checks.I want to know will we have to go into probate? The mortgage company said no and the insurance has already changed to my name as well as various other expenses he had. Am I responsible for any of his credit card debt (they were all in his name, not mine), do I have to pay any of the medical bills his medicare insurance has not? Please help. I do not have the money for a private attorney and the grief of losing my husband of 29 years as well as this agonizing fear of loosing our home to creditors it overwhelming me.

 

[Betty3]

Maybe this link will help you at least to some extent:


Who Is Responsible for Debts of the Deceased?

PS Alabama: Your state is not a community property state. Also, in some states a spouse can be responsible for deceased's spouses medical bills under the doctrine of necessaries but your state eliminated this doctrine.

 

[sweethart88]

Maybe this link will help you at least to some extent:


Who Is Responsible for Debts of the Deceased?

PS Alabama: Your state is not a community property state. Also, in some states a spouse can be responsible for deceased's spouses medical bills under the doctrine of necessaries but your state eliminated this doctrine.

So does that mean I am not obligated to cover medical bills? What about credit cards that were only in his name, not mine?

 

[army judge]

So does that mean I am not obligated to cover medical bills? What about credit cards that were only in his name, not mine?

Please accept my sincerest condolences upon the recent loss of your beloved, lifelong companion.

Creditors will try to scare you into paying his debts.
Creditors will try to bully you into paying the debts.
Creditors will try to trick you into paying the debts.
Creditors will try to embarrass you into paying the debts.
Creditors will try shaming you into paying his debts.

Ignore them.
Don't communicate with or respond to them.
Stay strong.
You aren't responsible for any of his debts.
Block their numbers when they call.
Better yet, change your number, share it only with five or six trusted people.
Tear up their threats.
Open only legitimate legal mail from the court, otherwise, don't look, no need to know.
Grieve his loss in peace, take your time, live your life.

Let it go.
You've got much bigger issues to resolve.
Don't be tricked.
Don't be bullied.
You're the only one that should be the boss of you now.
God bless.

 

[sweethart88]

Maybe this link will help you at least to some extent:


Who Is Responsible for Debts of the Deceased?

PS Alabama: Your state is not a community property state. Also, in some states a spouse can be responsible for deceased's spouses medical bills under the doctrine of necessaries but your state eliminated this doctrine.

My husband only left a house he

Please accept my sincerest condolences upon the recent loss of your beloved, lifelong companion.

Creditors will try to scare you into paying his debts.
Creditors will try to bully you into paying the debts.
Creditors will try to trick you into paying the debts.
Creditors will try to embarrass you into paying the debts.
Creditors will try shaming you into paying his debts.

Ignore them.
Don't communicate with or respond to them.
Stay strong.
You aren't responsible for any of his debts.
Block their numbers when they call.
Better yet, change your number, share it only with five or six trusted people.
Tear up their threats.
Open only legitimate legal mail from the court, otherwise, don't look, no need to know.
Grieve his loss in peace, take your time, live your life.

Let it go.
You've got much bigger issues to resolve.
Don't be tricked.
Don't be bullied.
You're the only one that should be the boss of you now.
God bless.

 

[sweethart88]

My husband only left a house and 2 vehicles.
Thanks, the prospect of probate is still scary. I can not afford attorney fees for legal advice and am worried.

 

[army judge]

Alabama offers a probate shortcut for "small estates." This makes it easier for survivors to transfer property left by a person who has died. You may be able to transfer a large amount of property using the following probate shortcut -- saving time, money, and hassle.

Simplified Probate Procedures
Alabama has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Alabama if the estate has no real estate and a value of no more than $3,000. Ala. Code §§ 43-2-690 and following.

 

[army judge]

The home should pass to you via the principle of joint owners and the right of survivorship, you outlived him, the home is nw yours.

The estate is small, so you don't need to do probate.

You can visit a lawyer, two or three different lawyers for free.

You get 20-30 minutes to ask questions.

Try doing just that.

After those visits, your worries should be put to rest.

God bless, comfort, and keep you in the days ahead.

Summary Distribution | Probate Court of Jefferson County, Alabama


Please read:

Small Estate Affidavit Alabama - Small Estate Affidavit Form

 

[sweethart88]

Alabama offers a probate shortcut for "small estates." This makes it easier for survivors to transfer property left by a person who has died. You may be able to transfer a large amount of property using the following probate shortcut -- saving time, money, and hassle.

Simplified Probate Procedures
Alabama has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Alabama if the estate has no real estate and a value of no more than $3,000. Ala. Code §§ 43-2-690 and following.

He left me with a house he began buying 2 years ago with a 30 yr mortgage for 68 thousand dollars. Does this not qualify as real estate assets worth more than 3 thousand dollars?

 

[army judge]

He left me with a house he began buying 2 years ago with a 30 yr mortgage for 68 thousand dollars. Does this not qualify as real estate assets worth more than 3 thousand dollars?

I thought you meant the house was free of any mortgage.

Sorry, that means you might have to probate the house.
Start by talking to the mortgage holder.

I think the house is yours by right of survivorship, joint tenants in common theory.
Ask the mortgage company AGAIN, just to be sure.
As suggested, visit 3-4 attorneys, ask questions.

You can do that for free.

You also can just let the house go, if its too expensive to keep.

That's your choice to make.

Good luck.

 

[sweethart88]

The home should pass to you via the principle of joint owners and the right of survivorship, you outlived him, the home is nw yours.

The estate is small, so you don't need to do probate.

You can visit a lawyer, two or three different lawyers for free.

You get 20-30 minutes to ask questions.

Try doing just that.

After those visits, your worries should be put to rest.

God bless, comfort, and keep you in the days ahead.

Summary Distribution | Probate Court of Jefferson County, Alabama
I will. Is there an amount I have to be below in the asset of our house? He got it for $68 thousand but according to real estate paperwork it is worth more. As I said he has a 30 yr mortgage on it. Does this matter. Yes I spoke to an attorneys paralegal who said contact Alabama State Bar tomorrow morning. I would rather do as you suggest and get several free appointments for advice. Also combined the autos are worth several thousands.

Please read:

Small Estate Affidavit Alabama - Small Estate Affidavit Form

 

[sweethart88]

I thought you meant the house was free of any mortgage.

Sorry, that means you might have to probate the house.
Start by talking to the mortgage holder.

I think the house is yours by right of survivorship, joint tenants in common theory.
Ask the mortgage company AGAIN, just to be sure.
As suggested, visit 3-4 attorneys, ask questions.

You can do that for free.

You also can just let the house go, if its too expensive to keep.

That's your choice to make.

Good luck.

No way the mortgage as the mortgage company has said will not change...and it is only 4 hundred and 3 dollars a month. State taxes will be added though as I was told (my husband was disabled and taxes were waved under homestead laws) but only be around 5 hundred a year and will be added to the mortgage every month. And the insurance will not change as well. So yes I will keep our home. it is what my husband and I always planned to do. Did not think about asking mortgage company about probate. Good advice. They have been extremely considerate and caring.