Death of a debtor (spouse here)

Marybell

Member
Jurisdiction
Kansas
State - Kansas.
My husband passed away this January. We have a lot of debt, we were going to file Chapter 7 bankruptcy after we file and get tax refund.
We are in a rental house. Both cars are on his name only and not paid off. I continue making payments after he passed. He also has 401K that is still under his former employer. There is no savings. No life insurance.
Most debt is on his name (personal loans, credit cards, medical bills, he is current on auto loans).
On my credit report, there is a past due open credit card shared account (on both names) for $7000. I also see 2 closed credit card accounts on my name (that were on both names), which means sent to collection for about $4000 and $9500. I also current on my student loan.
I received a letter from one of his creditors that they heard of his death and ask how they contact an appointed representative to have the debt paid off out of husband's estate.
Do I need to answer anything to this letter ? Would it be correct to answer that there is no estate? Do I need to notify other creditors? I have called credit bureaus about husband's death.
Do I need to go to court and appoint myself as appointed representative for husband's estate? Would this start probate process? Is it a good idea or not? If I do nothing, then what happens?
What should I do about the vehicles? There is an auto loan on my husband's name and I continue making payments after he died. Both titles are on his name only. I'm working with tag office trying to get titles changed into my name but the bank needs to change loans into my name first and we are not sure yet if this can be done. I would like to keep one vehicle for my use and sell another one. In a situation with all husband's debt, can it happen that one of the vehicles is confiscated to be sold to pay off his bills? If so, I'd prefer not to spend money on keeping payment current.
What about his medical bills?
Do I need to plan filing bankruptcy as soon as I get tax refund? Right now I still haven't received my husband's W2.
Anything else I m missing and need to do? thank you.
 
thank you. I don't have any assets to probate what are under 40K

You are seeking one asset, your deceased spouse's 401K.

Filing probate is the easiest way to ensure the former employer complies with your wishes to receive the 401K.
 
You are seeking one asset, your deceased spouse's 401K.

Filing probate is the easiest way to ensure the former employer complies with your wishes to receive the 401K.
this is right, but the value of 401K is greater than 40 000 so I wouldn't be able to file simplified probate for small estates (If I understand it correctly)
I hired a lawyer who called the Employer and they gave some info. Hopefully the situation will resolve without a probate.
 
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