Because California is a “community property” state (in which property acquired during a marriage is presumed to be co-owned by both spouses), a widow or widower are held responsible for the debts on assets they co-owned with their spouse. In California, creditors only have one year to collect on a debt.
For example, retirement accounts, IRAs, both qualified and depending on state laws, and some estate plans. Those are generally exempt, although there's special rules for those. Life insurance, that's another exemption. Creditors in many circumstances can't reach assets.
Your joint account may be garnished for that debt even if you did not owe that debt. Your account may be garnished whether or not you own it separately from your spouse. Creditors may not be able to garnish your account at all.
Most joint bank or credit union accounts are held with “rights of survivorship.” This means that when one account owner dies, the money passes to the surviving owner, or equally to the rest of the owners if there are multiple people on the account.
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Yes. When you have a joint account, each account holder is responsible for the full amount of the balance. The credit card company can seek to collect the amount due from either account holder.
Creditors might be able to garnish a bank account (also referred to as "levying" the funds in a bank account) that you own jointly with someone else who isn't your spouse. A creditor can take money from your joint savings or checking account even if you don't owe the debt.
If the estate goes through probate
The tricky part of this process is how any outstanding debts that need to get paid will be settled. While the creditors can't claim the house itself, they can make claims in an amount that might require you to sell the house.
If you're not responsible for a debt, debt collectors may still contact you if you're a surviving spouse or oversee the estate, but it's illegal for debt collectors to suggest you're responsible for paying from your own money. It's also always illegal for them to harass you about paying the debt.
The executor is responsible for notifying creditors of the deceased's death, and they generally have between three and six months to make a claim. The executor is not responsible to personally pay any of the estate's debts unless they were a co-signer or joint owner.
Joint bank accounts
Couples may also have joint bank or building society accounts. If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank might need to see the death certificate in order to transfer the money to the other joint owner.
Holders of credit card debt can make a claim against an estate for the debt, but they can't come after family members. Sometimes, they don't even take that step, simply writing off and canceling the debt to avoid the probate process.
An executor/administrator of an estate can only withdraw money from a deceased person's bank account if the account does not have a designated beneficiary or joint owner and is not being disposed of by the deceased person's trust.
Yes. You may file a regular garnishment against a joint bank account even though all holders of they account may not be defendants.
The debts were joint with you or someone else
The other person on a joint credit agreement is responsible for the debt when someone dies. A credit card is only ever in one name. But they may let you have a second card for your partner or someone else to use.
Inflation Is Eating Away at Your Funds
According to the Bureau of Labor Statistics, the average rate of inflation from April 2023 to April 2024 was 3.4%. If you've been keeping your money in a savings account with a lower yield than the rate of inflation, you should switch over to a higher-yield account.
Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. According to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.
Debtors can protect their bank accounts by opening accounts in states that prohibit garnishments. If a creditor attempts to garnish the account, the debtor's funds remain protected while they handle legal proceedings or claims for exemptions.
What Accounts Can the IRS Not Touch? Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy.
Following the death of a worker beneficiary or other insured worker,1 Social Security makes a lump-sum death benefit payment of $255 to the eligible surviving spouse or, if there is no spouse, to eligible surviving dependent children.
Weeks Before Death
As the end of life nears, extreme fatigue, confusion, and social withdrawal become more pronounced. Patients may engage in life review and focus on funeral planning, revealing their emotional state.
Getting a legal pronouncement of death.
If someone dies while not in medical or hospice care, call 911. When paramedics arrive, they will generally start resuscitation. If the person has a “do not resuscitate order,” present that to the paramedics when they arrive.