If a title has both names of a married couple and one of those two passes away, does the item in question automatically become part of the living spouses estate?

Is the item safe from debt collectors of the deceased?

Asked on July 21, 2014 under Estate Planning, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) It does become part of the living spouse's estate.

2) However, it is not safe from the creditors of the deceased. Unsecured creditors they may proceed against the asset to the extent of the deceased's interest (e.g. the interest or share he/she had prior to passing); and secured creditors may reposses or foreclose, as appropriate, if the survinging spouse does not pay any arrears and keep up payments.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.