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My wife died leaving a credit card debt. Can they put a lien…

Customer Question
My wife died leaving...

My wife died leaving a credit card debt. Can they put a lien on our home

Accountant's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ky

Accountant's Assistant: Has anything been filed or reported?

No

Submitted: 8 months ago.Category: Tax
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Answered in 10 minutes by:
9/13/2017
Tax Professional: Lev, Tax Advisor replied 8 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,839
Experience: Taxes, Immigration, Labor Relations
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Sorry for your loss...

The issue is that all debt of the deceased is transferred to the estate.

So the estate of your wife will be responsible for that debt.

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Tax Professional: Lev, Tax Advisor replied 8 months ago

Potentially - the creditor may put a lien on the property - but that is not so simple because a credit card debt is unsecured debt.

In order to put a lien - the credit will need to sue the estate and obtain a judgement - only after that the y may register a lien on a real property.

That is very rare because it might be costly for the creditor to take that issue to the court.

Most likely - they will agree to cancel that debt because of death.

I suggest to communicate to the credit car company informing them of the death.

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