Legal Question in Wills and Trusts in Virginia

Re: Debts of a dead person

If the car loan falls into the category of what the law characterizes as necessaries, you as spouse of the deceased could be held responsible even though your name is not on the note.

Assuming that your husband upon his demise had some kind of an estate to probate, this loan obligation should have been paid out of whatever assets that were in his estate.

Re: Debts of a dead person

NO, I do not believe they can do this. Assuming you are not on the loan, of course.

I would tell them that the attempt to collect

a debt that you do not owe is a violation of

the Fair Debt Collection Practices Act, and if

they continue to contact you after that, I

would look for a contingency-fee "Plaintiff's

lawyer" (one who will not charge you up front)

and sue them for a violation of the FDCPA. Also

tell them you will file for sanctions if they

try to sue you as a frivolous lawsuit.

It is true that there is a doctrine of

"necessaries" (mostly food and medical care)

but this is almost never used (and judges don't

like to do something they don't do all the time)

and it is vague and imprecise. And I don't think

it has ever been applied to a car. It mainly

involves things like food, and even then only

the bare essentials to keep someone alive. So

I think there chances in court would be slim to

none. Also, if you had your own car, this would

make it even more clear.

However, make sure they are not contacting you

in your role as executor. They might be asking

to have the probate estate pay the difference,

rather than the money coming from you personally.

If you took your husband's money (NOT the joint

account which was also yours) without going

through proper probate procedures, then perhaps

they could try to recover this money from you.

Next you ask about your joint bank account with

your husband. Of course it is YOUR bank account

now, because he is gone. It is 100% yours.

No one (except the taxman) can take money out

of your bank account without first going to

court with a lawsuit and proving that you owe

the money. No one can take money out of a bank

account on their own, except a bank robber.

So, first they would have to bring a lawsuit and

win it. And I think they would lose that.

However, just to be on the safe side you may want

to change banks, because if you have previously

written checks to them from that account, they

will know what bank you are using.