Managing Deceaseds Debts West Virginia

Summary

In West Virginia, a deceased persons debts are typically paid from their estate. If no estate exists, the responsibility may fall on the surviving spouse. To set up an estate account, obtain a tax ID from the IRS, apply at a bank with the death certificate and proof of executorship, and transfer assets into the account. Jointly owned assets usually pass directly to the surviving spouse. For car loans solely in the deceaseds name, continue payments to avoid repossession or sell the car to pay off the loan. Consult a local attorney for specific advice.

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I am the POA for two people that are husband and wife. I am not related to them directly but they consider me their daughter. She recently just passed on */*/* and I had a few questions regarding her debt.
Hello ****. I'm sorry for your loss. In West Virginia, typically, a deceased person's debts are paid from their estate. However, specifics can vary. Can you please share more details regarding the type of debt in question?
Her husband is currently in a nursing home. Her will left everything to me but I know since he is her husband it will automatically go to him. I am also listed as the exeuator on his will. He is going to need the money in the bank to pay for his nursing home care. What should I do about her bills due to not having an estate account set up because he is still alive. They are both on the mortgage but she is alone on a few credit cards and also a car loan
In West Virginia:
- Debts are paid from the deceased's estate.
- If there's no estate, the responsibility for debts may fall on the surviving spouse.
- If the surviving spouse can't pay, you as executor may need to negotiate with creditors.
For more details, you should seek advice from a local attorney.
How would I set her up an estate account now since her husband is still alive.
To set up an estate account for the deceased in West Virginia:
- Obtain a tax ID number from the IRS for the estate.
- Apply for the account at a bank using the deceased's death certificate and your proof of executorship.
- Transfer all assets belonging to the deceased into this account.
Remember to consult a local attorney for specific guidance.
She would not have an assets due to the assets she would have her husbands name would be on as well since he is still alive
In West Virginia:
- Assets jointly owned with the surviving spouse will typically pass directly to them.
- Only the deceased's portion of any joint assets can be used to pay off their debts.
- Consult an attorney to understand how these rules apply to your specific situation.
OK what should I do with the car that I am currently still paying on that is just in her name?
In West Virginia:
- If the car loan is solely in her name, it will be considered part of her estate.
- As the executor, you may continue making payments to avoid repossession.
- You can sell the car to pay off the loan, if feasible.
- Consult a local attorney for specific guidance.
OK
You're welcome, ****. If you have any other questions, feel free to ask. Remember, consulting with a local attorney can provide you with specific advice tailored to your situation. Best of luck.