In the case of a deceased relative, particularly a spouse, the situation becomes a bit murkier.
Frequently, the spouse of a consumer dies owing money. After discovering that the debtor is deceased, their bill collectors will attempt to collect from the surviving spouse. This frequently leads the surviving spouse directly to my office in order to file for bankruptcy.
However, the reality is that registering for bankruptcy is not required. Not the surviving spouse, but the relative's estate is subject to the creditor's claim. However, let's presume that the surviving spouse did not co-sign or guarantee the debt for the time being.
If there are assets in the estate, the creditor may be able to file a lawsuit and obtain a recovery - but not against me. However, if there are no assets, there is technically no estate; in this case, the creditor receives nothing.
In such a circumstance, bankruptcy is simply unnecessary. Your deceased spouse was responsible for payment.
Their estate may contemplate filing for bankruptcy (yes, the estate can file suit), but that is an entirely different matter. The petition for bankruptcy is filed by the executor of the estate, resulting in an orderly liquidation as in other Chapter 7 cases (the estate cannot file for Chapter 13 bankruptcy because it has no regular income).
You, however, are off the hook.""
" - https://www.affordablecebu.com/
