What does my mother owe re: deceased spouse's debt?

[AnnetteL]

What is the name of your state? Michigan but deals with Tennessee.

Hello everyone, I've been reading with interest the past few weeks but finally have a question of my own.

My step-father passed away on New Year's Eve from a heart attack and my mom is starting to wonder what of his debts she will be personally responsible for.They live in Tennessee. He had a truck as well as credit cards (not sure how many) in his name only - is she responsible for these? I'm reading that she may be required to pay for these bills from "his estate" but what exactly does that consist of? He didn't have any savings accounts but he did have some sort of life insurance (she's waiting for information on how much - his daughter, not my mother, was the beneficiary on his life insurance). Could they attempt to kick my mother out of her home (it was in both of their names) to attempt to get payment on his debts?

I know that these businesses want their money anyway they can get it, and rightfully so, but I just want to give my mom the correct information. She's already stressed out, on top of grieving, and she doesn't really need a creditor hounding her on the phone to bully her into paying for something she may not legally owe on. He wracked up some debts she didn't know about and is already having a hard time paying for her own personal bills.

Thanks in advance for anything you can tell me!

~Annette

 

[Debt Guy]

Annette

My condolences to your mother.

Your question is not answered with a simple yes or no.

First, life insurance proceeds pass to the beneficiary outside the estate. No creditor has a claim on that money.

In TN, your mother is not personally responsible for the debts of your stepfather. However, his estate is responsible for payment of his debts.

Your mother should consult with a probate attorney to determine what needs to be done under the laws of your state. I don't know TN law. The obvious key issue is how the home will be treated under state law. The answer could be very simple and that she gets to keep the property and his creditors have no claim on the property. Or the answer could be the opposite extreme. It all depends on state law and how the title to the property was held.