No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Therefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
If the two of you are married, I believe you are responsible.
21
In order to open any bank account you are likely to need at least one form of government identification, a Social Security number or Tax Identification number, and some money to put into the account. As Spencer Savings Bank is located only in New Jersey, an additional requirement will be to be in the New Jersey area.
Collection agencies can't add charges. Fees and interest charged to your account are per the terms of your contract with the creditor.
From the remaining spouse, no. Collecting from the estate depends on many factors. The laws pertaining to real property and/or survivor rights take precedence over probate proceedings. A determination on what creditors might be entitled to can only be made after the deceased financial status has been compiled.
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
Yes
You should contact an attorney in New Jersey to get an exact answer..However, normally if you have not signed the credit card contract, or any contract, you will not be held liable to the debts of a deceased spouse..Remember..A creditor can go after the estate of a deceased spouse. * No, New Jersey is not a community property state, therefore marital debts that are not jointly held belong solely to the spouse who held the account. All non exempt assets and debts of the deceased are entered into probate procedure and handled according to the state probate laws.
Yes and no. The estate of the deceased is responsible for payment of any debts of the departed, so if you had been willed any form of an asset then it could be liquidated or levied for the repayment of a debt owned to the estate. The only time children or a surviving spouse are liable is if they put themselves up as a guarantor, including co-signing on a car, apartment, credit card, and/or medical care.
In the state of the deceased's legal residence, New Jersey.
In New Jersey, the estate must resolve all debts including medical bills. Until that is done, the spouse cannot inherit anything.
In New Jersey the debts of the deceased are the responsibility of the estate. However, if one of the children was also a co-signer on any of the agreements they might also be responsible. Consult a probate attorney in your jurisdiction for help.
If you are the surviving spouse, you are considered what is called a "Class A" beneficiary, meaning there is no inheritance tax on the property you inherit or take by right of survivorship. This means that the bank does not have to hold on to half the date of death balance until all inheritance taxes are paid. To get that account released you need to get a certified copy of the death certificate and go to the bank. The bank will have copies of NJ Inheritance Tax Form L-8 for you to sign. This is an affidavit that states, among other things, that you are the surviving spouse, a Class A beneficiary and the surviving party to the account. The bank will release the money to you or create a new account with just your name on it as you prefer.
The executrix is not personally responsible for the medical bills. The estate has to pay off the debts. As long as the estate can pay them, they have to receive and pay the bills. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
When you are an adult and responsible for yourself. In New Jersey you must be 18.
This cannot be answered without knowing the state involved or whether there is a will or not. Generally, in most states and in New Jersey, where there is no will, the children of a deceased child will inherit the share of the estate that the deceased child would have received and split it equally. This is called taking by representation. When there is a will, you first have to see if it says anything about that situation and if it does, the you follow the will. A will might say that if any child of mine predeceases me then I give that child's chare to my surviving children, or to charity or to whomever he wants. If the will makes no mention of that situation then the grandchildren take by representation just as if there were no will.