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Exceptions can exist, such as if you're the surviving spouse and you live in a community property state, or if you cosigned on a particular debt, but for the most part, heirs don't "inherit" debt.The executor or personal representative appointed to manage the estate will pay the decedent's bills as part of the probate process.What's left—in this case, 0,000—goes to the beneficiaries named in the decedent's will, or to heirs-at-law if he did not leave a will.Heirs-at-law are individuals so closely related to him that they inherit by state law in the absence of an estate plan.This is why some parties end up liquidating assets during a divorce proceeding in order to keep up financially. 1st DCA 2018), the husband liquidated his military retirement account and was penalized for it in the final judgment.
One similarity between the divorce and death contexts is that the other spouse is entitled to be reimbursed for any community funds expended to improve the other spouse’s separate property, and vice-versa.
On the other hand, recovery for medical bills or lost earning capacity is considered to be compensation for damage to community assets; therefore, these types of personal injury recovery belong to the community.
Likewise, anything bought on credit during marriage is presumed to be a community obligation, unless the creditor explicitly agrees to look only to that spouse’s separate property to fulfill the debt, which is a rare arrangement.
But if she were to withdraw ,000 more, and then later deposit 0,000 back into the account making it equal to 0,000 once more, only ,000 would be separate property—unless she can trace the withdrawn funds sufficiently to overcome the community presumption.
You can see why the “community out first” rule is also known as the “lowest intermediate balance” rule—it looks to the lowest balance that the bank account ever reached, and determines that portion to be separate property.
For instance, if a married couple bought a TV with $300 from the husband’s salary and with $100 that the wife received as a birthday gift from her mom, the TV would be three-fourths community and one-fourth separate property. even if the couple doesn’t close on the house until after they’re married, and even if all mortgage payments are made with community funds.