Can These Creditors Force the Sale of the Home?

[LeggsRobbins]

In UTAH:

A man and a woman are married and have a home that is paid for. The woman racks up large amounts of credit card debt in her name alone and then dies. Can a creditor force the sale of the home in order to pay the debt?

 

[tanja53]

In UTAH:

A man and a woman are married and have a home that is paid for. The woman racks up large amounts of credit card debt in her name alone and then dies. Can a creditor force the sale of the home in order to pay the debt?

Yes they can. unless you get a "declaration of homestead".
Go to county clerck and get the paper work for your state.
It is very cheap.

 

[Ladynred]

Not necessarily.
Were the debts all in her name ?
Was her name on the house ?
Did she leave an estate ?
How long has it been since she passed away ??

Debts of the deceased are paid out of the estate thru probate. I suggest the surviving spouse speak to a probate attorney.

I would also suggest sending a copy of the death certificate to the debt collectors/creditors.