Legal Question in Credit and Debt Law in Virginia
Debt collection upon death
My wife passed away a few days ago, amassing a string of outstanding balances on credit cards under her name. I am the beneficiary of an insurance policy. Do creditors have a legal right to that insurance money?
In addition do they have any right to our house?
1 Answer from Attorneys
Re: Debt collection upon death
Sorry about your loss.
Debts are owed from her estate, but assets that are not estate assets are not liable for the debts. If the life insurance was payable to the estate, it is subject to the debts; if to you, no. Of course, if you co-signed or guaranteed any of the debts, you are liable. The house is not subject to the debts if owned by the entireties (the normal form of title for married couples). You need to see a lawyer about this to be sure.
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