His estate. If he had any resources, they should be sold to pay his debts. After the debts are paid, if there is anything left, it can go to the beneficiaries. If your mother is not living or married to your father, then his debt must be written off by the creditors. Simply send them a copy of his death certificate. If he used collateral when he aquirred a loan, then the collateral will be taken away. Example: If he had a car which he owned free and clear and needed a loan from the bank, he could have given them the title as collateral to get the loan. If the loan defaults, then the bank takes the car. Mortgages work the same way. * All debts and non exempt assets are subject to probate procedure. It is not necessary to send a copy of a death certificate to creditors. The executor or executrix of the estate is responsible for notifying all creditors of the death to allow them to place a claim against the deceased's estate. If there is a surviving spouse and the married couple resided in a community property state, the spouse is usually responsible for the deceased spouse's debts regardless of whether or not the debt is joint. Answer It may help to think of it like this: Death completes one's life as a mortal being. Some believe you will then become subject to an accounting of how that life was led. However, for business purposes you are still alive until the estate/probate accountings mentioned are completed. It is during this accounting time that the business/financial affairs are resolved. Part of settling these is that anything that isn't needed to directly settle your promises is redistributed according to a Will or Laws of Intestacy for that state.
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