Filed Chapter 13 jointly, spouse has died, what now?
362197
I"m so sorry for your loss.\n\nDid you go to a bankrutcy lawyer?  I would check with them.  If some of the debt included in the bk was soley his, you might not be responsibe.  If it hasn't gone through completely, you might be able to file hardships with creditors who will suspend rates or payments for a little while.  Also, the bankruptcy courts might be able to recalculate payments because of your lack of income.\n\nBasically, I would see a professional.  Maybe you can find a relative to help you with finding someone that will do it cheap/free.
1138497
See a lawyer with your husband and he/she will get the ball rolling with the paperwork involved to change the title/deed to the new joint owners if this is what your husband agrees to!!! \n\nIf he does not, he better set it in his will at that same time to say that if anything happens to him that the rightful person(s) receives the property upon his demise!!!\n\nGood luck.....
101620
I don't know if I can give you an answer, but here are two suggestions:\n1) Contact the attorney that handled the estate and find out what the arrangements were.\n2) Talk to your step-sister and ask her (in a non-confrontational way) to show you the official documents and payment info.  If she resists, then go with 1)
681927
The best advice I have for you is to call your attorney!!!  However, it is possible to change your plan payments, especially if there have been changes in your income or expenses (like higher utility and gas prices) The attorney who filed for you should be able to assist you with this.  And they can usually just put their additional fee for changing things back into the plan.  \nOr, you could do what I did.  I asked for a three month waiver of payments to get me back on my feel when gas prices were really bad.  I went through my attorney to do this, but have heard of people going directly through the trustee as well.  Contact your attorney or the trustee on how to go about doing this.  You will have to extend your plan for how many months you asked for the waiver though.  But that extra money can really help you get caught up. \nWith the new bankruptcy laws, if you can afford to pay at least 100 dollars a month in payments, then the courts will not let you file Chapter 7.  Therefore, you may not be able to convert your Chapter 13 to Chapter 7.  So, your best bet would be to ask for the restructuring of your payments or for the waiver.\nIf you try to restucture you payment plan, make sure you list everything you spend money on in your budget.  Include at least 200-300 a month in food for a single person.  Also include all expenses for over the counter medications, pet supplies and pet doctor expenses (if you own a pet), estimated amount you will spend on car upkeep and repair, estimated amount on gas for your car, entertainment, cable, cell phone, internet fees, house repairs, clothing and ect.  Always estimate to the highest, but don't out and out lie because that would be a crime.  I took what each of these things would cost me in a year and divided it by 12 for my monthly amount.  My hubby and I make around 55,000 a year and only have to pay around 300 bucks a month into our plan!!!
775421
The minute you used the card after your husband passed away you, in essence, affirmed that you would be responsible for the debt.\n\nAs your husband's survivor and probably the only person to benefit from his estate, either the estate or you personally would be responsible for this debt.\n\nSo no matter which way you look at it, you need to pay it, or make the determination to file bankruptcy.  There is no in between
953832
I am not positive about death but; in divorce, both parties are responsible for debts incurred durring the course of the marriage.  I am inclined to say yes after death if it is something that is in both of your names, like a mortgage, any loans, any joint debts yes.  I don't know that you would be liable for things only in his name.  Call a lawyer, most will give a free consultation in the office or even over the phone.
1033851
Chapter 13 is no picnic either. They will garnish your wages and leave you pratically nothing to live on. Do you have a relative or friend that can buy the house from you for awhile until you can get back on your feet? Or perhaps even selling it outright would be better than losing it. How much equity do you have in the home? Mortgage lenders will refinance up to 65% of the home's value to bail you out of foreclosure. If that isn't enough, perhaps you have access to a retirement fund (401k, IRA, etc) and you can bring some out of pocket.
565494
I'm so sorry about your loss.  I've been there and I know it's tough.  Talk to the funeral home and see if they have payment options.  I would advise against taking money out of you company's retirement plan - 401(k).  The penalties (10%) and taxes (15-28%) make it unprofitable.  Plus you lose all the interest/time the money would be working for you.\n\nCheck with your bank.  If you're a good customer, they may make you a personal loan.
676235
I'm sorry to hear your marriage is coming to an end. I only wish I had taken care of mine while I was still active in the Navy. Would have costed me much less. Go to your JAG and have them prepair all the paperwork for free. Then file it with the county which should cost you no less then $200.00. Good luck and unless you have kids, you should tell her to look for a new place.
888261
100% will still go to the wife. You can't designate to have someone who isn't yet living in this world to be beneficiary. Last time I checked, a person of the cloth did not dictate a will either. It must be in writing and signed.
359431
YES! You didn't die, you just filed Bankruptcy! You may want to think about an INC or LLC next time. I have seen people continue the same type business, even the same business, only under a different name the same day the file.\n\nConcerned about failure? Read the bio on Abe Lincon!\n\nGood Luck!
1133785
My wife passed away last year so when I was competing my Form 1040 I found no distinctive information on how to claim her for last year so I called IRS. A woman explained exactly what I was to do and accomplished just that on the form in front of me while conversing.\nThree to four weeks later I received my refund check and it had my name and my wife's name on the check. The following day I called IRS to inquire what I should do to get the check re-issued in my name only. After 2 1/2 to 3 hours trying to get thru to a real person at IRS I finally found some other office out-side of IRS who finally transfered me to an IRS attorney. She informed me to complete a special form and return it along with the check. Both times I asked the individuals if I should include a Death Certificate and was told that it wasn't necessary.  I downloaded the form from the net and returned it with the check as directed.\nSome three weeks later I got a letter and another form to complete with instructions to include a Death Certificate and also instructions to notify Social Security which I had already accomplish after my wife's death.\n I originally submitted my taxes in early February and finally got my refund in late May. Need I say more?
222927
I am not sure but a non working spouse get half of her spouses pension and all if her spouse dies. Social Security has web site and should be able to answer your questions
153100
i would recommend having seperate everythign except for maybe one checking account (like previous said)and house payment. becuase if for instance, one of you dies, if you are joint on things like cars and credit cards, the survivor gets left with the payment, and life insurance or not that is a pain
614815
call your lawyer.\n\ni would imagine that if you are selling your home..any profit you make will need to pay off the chapter 13....but..im not a lawyer.
1110697
Who is handling the transfer of all the other property if there were any such as the home, furnishing, bank accounts and any other savings, stocks or bonds?\n\nIf there is no probate you should call the insurance company that has the annuity  and find out from them when you will be able to receive our funds.\n\nYou might also check and see if the amount you received has any tax consequences, with a trusted tax advisers that your family or you know.\n\nI hope this has been of some use to you, good luck.\n\n"FIGHT ON"
457599
Yes you can file banko without your spouse. All debts that you both are on togther fall to him. Anything with you only on does not affect him.\n\nAs for payback it depends on if you file a 13 or 7, and the assets you have.