Washington Assignment of Legacy in Order to Pay Indebtedness

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Multi-State
Control #:
US-01756BG
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Word; 
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Description

A Legacy is a gift of property or money under the terms of the will of a person who has died. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The states that follow community property rules are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

The ?Affidavit of Successor? may be used to claim a debt or personal property from any person or organization indebted to or having possession of any personal property belonging to a decedent. Please note this affidavit is only to be used to claim a debt or personal property.

Otherwise, the estate remains liable (in most cases) until 24 months after date of death. This means that any heir or beneficiary who receives an estate asset remains liable for dilatory Creditor's Claims until the second anniversary of Decedent's death.

Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.

No. Generally, the deceased person's estate is responsible for paying any unpaid debts. The estate's finances are handled by the personal representative, executor, or administrator.

If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.

In Washington, the statute of limitations on debt collection lawsuits is six years after the date of default or last payment on the debt account. When six years have passed, debt collectors can still attempt to collect these debts, but they cannot file a collection lawsuit.

If you filed a joint return with your deceased spouse, you are responsible for the tax debt. This is true whether you're dealing with a final return or a return filed several years ago. To give you an example, imagine that you filed a return in 2020 jointly with your spouse.

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Washington Assignment of Legacy in Order to Pay Indebtedness