Creditors of Deceased

[fgs]

What is the name of your state?What is the name of your state? AL
When married couples have property titled as joint with right of survivorship, and one of the couple dies, that property passes automatically to survivor without probate. How about singuarly titled property with spouse as beneficiary? No probate? Is it required to change the title and have the deceased spouse's name removed from all property that was titled jointly wros (or singularly with beneficiary) to prevent creditors who are creditors **of the deceased only** from trying to take control of it? Does it matter which spouse's SS# the joint account or property was held in? Is the spouse automatically responsible for debts that legally belonged only to the deceased? Thanks in advance for any input.

 

[seniorjudge]

What is the name of your state?What is the name of your state? AL
When married couples have property titled as joint with right of survivorship, and one of the couple dies, that property passes automatically to survivor without probate. How about singuarly titled property with spouse as beneficiary? No probate? Is it required to change the title and have the deceased spouse's name removed from all property that was titled jointly wros (or singularly with beneficiary) to prevent creditors who are creditors **of the deceased only** from trying to take control of it? Does it matter which spouse's SS# the joint account or property was held in? Is the spouse automatically responsible for debts that legally belonged only to the deceased? Thanks in advance for any input.

Q: How about singuarly titled property with spouse as beneficiary? No probate?

A: If there is no probate, then the other spouse does not own it. Assuming there is a will, the property would go under the terms of the will. Assuming there is no will, it would go thus:

http://www.finance.cch.com/pops/c50s10d190_AL.asp


In any event, if there are assets left, they must be used to pay off creditors. If anything is left, the heirs get the property (real, mixed, or personal).

Jointly-held property of any kind does not pass through probate and is generally not accessible to creditors of the dead spouse. This rule, however, could vary in some community property states.