My grandpa had a good job as a Federal police officer for over 30 years.. He wasn't very good with money and doesn't have any assets, he stayed with friends or in his car... No wonder my grandma got sick of his ways..
So, my question is, is my grandmother responsible for whatever personal debt he left behind? He had no home they didn't have any joint loans...
I know my grandma will revieve his retirement and social security, but being older and maybe a little naive, she is convinced she is responsible for paying all his debt he left behind..
My condolences. But the good news is, Grandma has nothing to worry about.
The rule is that you're responsible for your own debts. This continues after death Definition time: "estate" in this area of law means whatever he left behind - not just house (which of course he didn't have) but also possessions, money, anything else he owned. Whoever is administering the estate is responsible for paying the debts up to the limit of what there is. If the debts are more than that, hard luck on the creditors - they'll only get a share and nobody else can be forced to pay. Certainly not Grandma. The other side of the coin is there is nothing for anyone to inherit, so any will he might have made becomes irrelevant.
An estate like this is an insolvent estate and it's much like if the person goes bankrupt - the administrator pays off what they can and the rest is just written off as a bad debt. And like a bankruptcy, it needs a decent lawyer to deal with it. One in HI, of course, as it comes under their law.
As they owned nothing together, it's easier. At least there is no question of her having to sell her house to use his half of it to pay the debts. And what she gets as his widow from his retirement and social security is all HERS,
A final thought that occurs to me is life insurance - if he had any. But being in the police, it might well have been provided as an employee perk, though usually that ends on retirement. There are two ways of writing a life insurance policy: either the payout is part of the estate, in which case it will go to pay the debts, or he will have nominated who gets the payout, in which case it bypasses the estate and goes to whoever he nominated.
You need to get a legal separation to be totally free of your partner. I really have no idea but when they came knocking, I wouldnt feel like I owed for someone I hadnt lived with for some time. Legally I have no idea. I would think not after such a long separation and that can be proved. I would get an attorney before I paid a dead beat partner debts. For sure morally she isn't obligated.
Your grandma is safe from any debts owed by your grandfather. His assets would pay his debts, and when those assets are gone, there's nothing else that can be done.
His estate will pay his debts until the estate runs out of money. If he didn't own a home, car, business, retirement accounts they are out of luck. If anyone else like his wife cosigned for debts they will need to pay what the estate doesn't.
Depends on the state you live in. [ i e community property state(s) or not ] (Sounds like he and grandma were still legally married - i e she will get his pension.} Everything will go through probate, and that is when you will get the real answers (or Grandma can contact a lawyer).
His estate could include some income tax refund, if any.
when a person dies then in the state where the grandfather lives because your grandmother will have to contact an attorney (because that's the law she will go by).
generally no
