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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
  • Practice Areas
    • Family Law
    • Divorce
    • Divorcio
    • Adoption: International and Domestic
    • Collaborative Divorce
    • Wills, Estate Planning and Probate Law
    • Business Law
    • Legal Services for Health Care Professionals
    • Real Estate Law
  • Mediation
  • Our Team
    • Bob Kalish
    • Sio Ramirez Pitre
  • FAQ’s
  • Legal Blog
  • Contact Us
You are here: Home / Legal Blog / Do you HAVE to Pay the Debts of a Deceased Family Member?

Do you HAVE to Pay the Debts of a Deceased Family Member?

July 23, 2012 By Kalish Law Office

Often when a person dies, he or she owes money.  Even if the person did not use credit cards, s/he may be responsible for a mortgage, car payment, or even medical bills from his/her last illness.

Obviously, if a mortgage or car payment is ignored after a person’s death, the property can be foreclosed on or repossessed.  But what about the other debts?

Creditors may begin contacting the deceased person’s relatives (especially if s/he had a spouse). Some are polite and honest, but other creditors are not, and often creditors are impatient.  It can be especially difficult for a grieving spouse, domestic partner, or child to know what to do and what s/he is responsible for paying, if anything.

Contrary to some popular belief, debts do not just “disappear” when a person dies.   Creditors will watch the newspapers and court notices to see if a probate action has been filed. The creditor is then able to file paperwork in the case and attempt to collect the debt from the estate.  Consequently, you might think that it is better not to file for probate at all.  This is not necessarily true. You may need to file a probate action for other reasons (to distribute and transfer real estate and bank accounts, for instance). 

Some creditors will get very aggressive and will intentionally mislead the surviving family member.   It is safe to assume that some collection agents have gotten more aggressive as they are “hungry” in this economy.  Abuses may occur, especially when the surviving family member is an elderly widow or widower.   The collection agent may encourage the survivor to “protect your husband or wife’s good name” (even if the surviving spouse is not legally required to pay the debt and to do so would work a great hardship.)

Having said that, there are some instances in which a survivor may be obligated to pay the debt of a deceased person.   For instance, if the two people both signed a contract together, or if the survivor had co-signed or guaranteed the debt of the deceased.  However, being an “authorized user” is different than being a “co-debtor”. For instance, when pertaining to credit cards, an “authorized user” is someone who has permission to use a credit card, but is not necessarily responsible for the debt. A “co-debtor” is responsible jointly for all debt that is incurred.

In some situations, a spouse may be responsible for paying a debt of a deceased spouse because of community property laws.  But whether something is a “community debt” can be a tricky question. 

In addition, there are a few other situations in which a survivor may have to pay the debts of a deceased person, and some other situations in which they are not responsible.   Many situations have to be decided on a case-by-case basis, with a good look at all the facts and the documentation that pertains to the estate.

If you are responsible for an estate (or choose to take on that responsibility), be aware that you must understand and comply with the appropriate laws.   If you distribute funds improperly you can be held legally responsible.

The Federal Trade Commission has an excellent guide about this subject on the FTC website.http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt004.shtm

Bottom line:  Don’t be pressured into making a decision when you do not have all the information you need. If you are grieving the death of a loved one you may need time to heal before you tackle non-emergency financial issues.  It is worth the time and money to have a consult with a Texas probate attorney to determine what options you have before you act.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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3 Grogan’s Park Dr., Ste. 200
The Woodlands, TX 77380

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

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Kalish Law Office
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Sonnya Spires
Sonnya Spires
13:52 15 Nov 22
Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
Emma Kiper
Emma Kiper
01:37 26 Oct 22
Very happy with Kalish Law Firm redid our will. They listened and explained our options for estate planning would definitely recommend.
John Hardey
John Hardey
20:24 14 Sep 22
Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
ana teresa caravante
ana teresa caravante
17:06 29 Aug 22
We were satisfied with the service we received . If you ever need their services we recommend them.
Kevin Martin
Kevin Martin
01:41 26 Feb 22
Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
Lovebug13
Lovebug13
02:37 19 Feb 22
Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
michelle stern
02:47 08 Jan 22
Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
michael gordon
michael gordon
20:06 21 Dec 21
Estate planning, Last Will and Testament…Good people, professional and courteous.
Gabby Snyder
Gabby Snyder
13:36 01 Dec 21
Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
Maria Colindres
01:48 01 Dec 21
I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
Betty Jimenez
22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
Caitlyn Gambino
Caitlyn Gambino
20:06 12 Jun 21
This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
Dr Greg Alex
Dr Greg Alex
15:19 10 Jun 21
Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
Marcy Halterman, D.C.
Marcy Halterman, D.C.
00:15 10 Jun 21
Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
Nancy Poblenz
Nancy Poblenz
22:55 06 Jun 21
Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
L Fisher
00:40 21 Aug 20
I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
Andrea Lau Luarca
Andrea Lau Luarca
21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
Steve Horn
Steve Horn
15:10 05 Aug 19
Bob Kalish and his team worked hard to help me with my issues.
Ashley Gonzalez
Ashley Gonzalez
22:13 15 Jun 17
Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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