Legal Question in Wills and Trusts in Oklahoma

my cousin passes away and his wife is really in debt now.

there have been morgages and bills she didnt know about calling her now for payments.

they were both on social security and she has a limited income to survive on and now the bank has kept it for her late husbands debts.

is there an Oklahoma law that protects her from this, taking her social security check for his debts?

please help me with this.

thank you so much,

Loretta


Asked on 6/03/10, 10:31 am

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

The Bank cannot put a claim on her socialsecurity check. She needs to go to the SSA office and ask SSA to mail her the checks from now on.

She should close her bank accounts. She should start a probate to have the court dispose of the debts.

The issue will be: were those debts made in both names which would require both signatures or were they made by your brother only. If the debts were incurred by your brother only, then she is not responsible. If both parties signed, then she is liable and the debt will survive yoru brother.

Once she finds out which debt is only his, then she needs to seek probate to clear out those debts.

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Answered on 6/04/10, 7:05 am


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