Consumer Advocates and Credit Card Debt Defense Attorneys

If none of these debt relief plans work, call Zermay Law

admin — Tue, 14 Mar 2023 23:01:01 +0000

If none of these debt relief plans work, call Zermay Law

Make a budget and stick to it The first step in getting out of credit card debt is to make a budget that allows you to pay off your debt as quickly as possible. Start by listing your income and all your expenses. Look for areas where you can cut back and redirect those funds towards paying off your credit card debt. This may require making sacrifices, such as eating out less or finding a cheaper place to live, but it will be worth it in the long run.

Stop using your credit cards If you’re serious about getting out of credit card debt, you need to stop using your credit cards altogether. Put them away in a drawer or cut them up if necessary. The last thing you want to do is add to your debt while you’re trying to pay it off.

Pay more than the minimum Making only the minimum payment on your credit card each month can keep you in debt for years. Instead, try to pay as much as you can afford each month. Even a small increase in your payment can make a big difference in the long run. Focus on paying off the card with the highest interest rate first, while making the minimum payment on your other cards.

Consider a balance transfer If you have good credit, you may be able to transfer your credit card balances to a card with a lower interest rate. This can save you money on interest charges and help you pay off your debt faster. Be sure to read the terms and conditions carefully, as there may be fees or a limited-time promotional rate that will expire.

Negotiate with your credit card company If you’re having trouble making your payments, don’t be afraid to reach out to your credit card company and ask for help. They may be willing to work with you to lower your interest rate, waive fees, or set up a payment plan that works for your budget.

Getting out of credit card debt takes time and effort, but it’s worth it to regain control of your finances. By creating a budget, stopping your credit card usage, paying more than the minimum, considering a balance transfer, and negotiating with your credit card company, you can start on the path to financial freedom.

It’s important to note that while credit counseling and debt management plans can be helpful for some people, they may not be the best option for everyone. It’s always a good idea to do your research and carefully consider your options before making any decisions about managing your credit card debt. Speaking with a debt relief lawyer can also provide you with additional information and guidance on the best course of action for your specific situation.

The post If none of these debt relief plans work, call Zermay Law first appeared on Consumer Advocates and Credit Card Debt Defense Attorneys.

Pay Debts from the Estate

admin — Tue, 14 Mar 2023 17:30:23 +0000

Paying Debts From an Estate

To summarize, when a person dies, their debts are usually paid from their estate. The executor of the estate oversees the payment of debts and claims from the assets of the estate, but is usually not personally liable for them. Some debts may not need to be repaid by the estate, such as debts attached to a certain asset, credit card debt in some situations, and forgiven student loan debt. Medicaid benefits for which the state is seeking reimbursement may or may not be due depending on the circumstances. Creditors can make informal or formal claims on the estate, and a deadline is provided for creditors to make formal claims during the probate process. If the estate does not contain enough funds to pay debts, assets may need to be sold to generate funds, and state law will determine which debts have priority. The executor may be personally liable for certain debts, such as those they cosigned for or held jointly with the decedent, or if their careless handling of the estate’s assets caused them to lose value. The surviving spouse may also be responsible for certain debts depending on how they held the property and the law in their state.Did You Know?

While it is important to keep up with debt payments, some may not need to be repaid — at least not by the estate. Insurance policies, like health insurance, may also cover certain debts.

Medicaid is a joint federal and state program that provides health coverage to low-income individuals and families, and the program also covers long-term care costs for eligible individuals. When a Medicaid recipient passes away, the state may seek reimbursement for the benefits paid on the individual’s behalf from their estate. However, there are certain situations where the state may not be able to collect reimbursement, such as if the deceased left behind a spouse or dependent child, or if it would cause an undue hardship. The rules surrounding Medicaid reimbursement can vary by state, so it’s important to consult with a local attorney if you have questions about your specific situation.

Formal and Informal Claims

Creditors may make informal claims on an estate by sending bills to the executor, which can be paid without any special steps. However, in some cases, a creditor may make a formal claim during the probate process. In such cases, the executor is required to notify the creditor of their right to make a claim, and the probate court or state law may provide a deadline for creditors to make formal claims or dispute the executor’s decision not to pay a claim. It’s worth noting that sometimes a creditor may also make a claim against a beneficiary, as estate debts transfer to them in proportion to what they inherited, although this is uncommon.

Issues Involving the Payment of Claims

You may wonder what to do if the estate does not contain enough funds to pay debts. This may require selling assets to generate funds, which is a reason to wait to distribute property until you know that you have enough money to cover debts. If you still do not have enough funds once you have sold the estate’s assets, you can refer to state law to determine which debts have priority. Creditors that have lower priority may not be able to collect. Furthermore, some assets will be exempt from being sold to pay debts, such as property protected by a homestead allowance or a family allowance, or property held in joint tenancy.

Creditor Claims Without Probate

Creditors are free to make claims against an estate’s property even if the estate does not pass through probate. The probate process may offer an advantage by providing an official creditor claim deadline.

Personal Obligations of the Executor

That’s correct. It’s important for both executors and surviving spouses to understand their potential liability for the decedent’s debts, as it can have significant financial consequences. If you have any concerns or questions about your potential liability, it may be a good idea to consult with an estate planning attorney who can provide guidance based on your specific situation and the laws in your state.

It’s important to note that the rules governing the responsibility of a surviving spouse for the decedent’s debts can vary depending on the state where you live. In some states, the surviving spouse may be held responsible for all of the decedent’s debts, even those incurred on their own. In other states, the surviving spouse may be held responsible only for debts incurred during the marriage or for debts that they cosigned or guaranteed. If you are unsure about your state’s laws, you should consult with an attorney who specializes in estate planning or probate.

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Am I Responsible for Debt After Death of a Family Member ?

admin — Mon, 06 Mar 2023 09:33:53 +0000

Most Debts Do Die with the Deceased…

Overall, while it is true that many Americans may die in debt, their relatives are usually not responsible for paying off their debts. However, the deceased person’s estate is responsible for paying off any outstanding debts, which may impact the inheritance that surviving family members receive.

The estate is responsible for paying off any outstanding debts. This means that the deceased person’s creditors may file a claim against the estate for any money that is owed to them. The executor or administrator of the estate is responsible for managing the assets of the estate, including paying off debts.

If the estate does not have enough assets to pay off all of the debts, the remaining debts may be discharged. This means that the creditors will not be able to collect the outstanding debts. However, it is important to note that any co-signers or joint account holders on the debts may still be responsible for paying them off.

It is also important to note that the probate process can be lengthy and complicated, especially if there are disputes among family members or creditors. It may be beneficial to consult with an attorney who specializes in probate and estate planning to ensure that the process goes smoothly.

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Existing Debts are Paid from the Deceased’s Estate

admin — Mon, 06 Mar 2023 09:11:01 +0000

Estates, Executors, and the Probate Process

It is important to note that not all assets are subject to probate. Assets held in a trust, for example, can pass directly to beneficiaries without going through probate. Assets with a named beneficiary, such as a life insurance policy or retirement account, also pass directly to the named beneficiary without going through probate.

Additionally, some states have simplified probate procedures for smaller estates. These procedures may allow for a faster and less expensive probate process.

Overall, the probate process can be complex and time-consuming, especially for larger or more complicated estates. It is important for executors and beneficiaries to seek the guidance of an experienced attorney to navigate the probate process and ensure that their rights are protected.

It is important to note that the probate process can vary by state and can be influenced by the specific circumstances of the estate. Some states, for example, have different rules regarding the appointment of an executor or the notification of creditors.

In addition, disputes can arise during the probate process, such as challenges to the validity of a will or disagreements among beneficiaries. These disputes can prolong the probate process and may require the intervention of a court.

It is important for individuals to have a clear estate plan in place to help ensure that their assets are distributed according to their wishes and to minimize the potential for disputes among beneficiaries. An experienced estate planning attorney can help individuals create an estate plan tailored to their unique needs and circumstances.

The post Existing Debts are Paid from the Deceased’s Estate first appeared on Consumer Advocates and Credit Card Debt Defense Attorneys.

Cases Where Family Members May Have to Pay

admin — Mon, 06 Mar 2023 09:10:07 +0000

Relatives typically won’t have to worry about paying off a family member’s debts. There are a few exceptions to this, which we detail below.

Debts in which the surviving relative is a joint account owner:
In the case of joint accounts, the surviving account owner generally assumes full ownership of the account after the other owner’s death. However, this can depend on the terms of the account agreement and whether the account includes a right of survivorship.

If the account has a right of survivorship, the funds automatically pass to the surviving account owner and are not included in the deceased owner’s estate. However, if there is no right of survivorship, the portion of the account belonging to the deceased owner becomes part of their estate and is distributed according to their will or state laws of intestacy.

It’s important to note that joint account holders can also be jointly liable for any outstanding debts associated with the account, such as overdrafts or credit card balances. So, if one account owner passes away leaving unpaid debts, the surviving owner may be responsible for paying off those debts.
Debts the surviving relative was a co-signer: Yes, if you have co-signed for a loan or other credit with a deceased relative, you may be responsible for paying off the debt. As a co-signer, you agreed to be jointly responsible for the debt, meaning the creditor can pursue payment from you even after the death of the primary borrower. The creditor can demand payment from you, and failing to pay can harm your credit score and lead to legal action. It is essential to understand the terms of the loan or credit agreement and your obligations as a co-signer before agreeing to co-sign for anyone.
Spouses who live in community property states: Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, any property acquired during the marriage is considered community property and is owned equally by both spouses. This means that debts incurred during the marriage are also considered community debts, and both spouses may be held responsible for paying them off. However, as you mentioned, debts incurred by one spouse before the marriage are considered separate debts and are the responsibility of that spouse only.

Beneficiaries may have to assume a dead relative’s loan if they receive the asset attached to the loan. For example, if you inherit the deceased person’s home or car – and there is still a loan out on it – you inherit that loan, too.

Other examples of debts that relative may have to pay include:

Debts in which the surviving relative is a joint account owner.
Debts a surviving relative co-signed the loan for.
Spouses who live in community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin).
Relatives who are responsible for resolving the estate and don’t follow particular state probate laws.

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Most Deceased Debts Are NOT Collectable Against You

admin — Mon, 06 Mar 2023 09:05:55 +0000

It is important to note that while these debts may not automatically pass on to relatives, the estate may still be responsible for paying them off using the deceased’s assets. Additionally, creditors may still try to collect on the debt from the estate, which can reduce the amount of inheritance left for beneficiaries. It is essential to consult with an attorney or financial advisor to understand your specific situation and legal obligations.

It’s important to note that while these debts may not be inherited, they may still need to be paid from the assets in the deceased person’s estate before any remaining assets can be distributed to beneficiaries. Additionally, if there is not enough money in the estate to cover these debts, creditors may try to collect from surviving joint account holders or co-signers. It’s always best to consult with a legal professional for guidance in these situations.

Debts that may NOT be inherited include:

Car Loans
Credit Card Debt
Home Equity Line(s) of Credit (HELOC)
Medical Debt
Mortgages

CALL ZERMAY LAW, MOST DECEASED DEBTS ARE NOT COLLECTABLE AGAINST YOU.

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