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Old 06-17-2005, 03:14 PM
FranksPlace2
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Default Re: Life Insurance & Debt:

Cal is right that you need professional answers. But here are my
unprofessional ones.

As I understand it, community property does not apply to assets and
liabilities which existed before the marriage.

Lenders would try to claim your half of the home but the first mortgage
would have precedence. This assumes your home is community property.

 
Old 06-17-2005, 01:05 AM
Cal Lester
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Default Re: Life Insurance & Debt:



Granby[at]safe-mail.net wrote:
- quote -

> Just a couple of questions:
> I have a life insurance policy with my wife as the beneficiary. I
> live in a community property state. I have substantial student loan
> debt (70k) all incurred before marriage. I assume that my wife would
> not be liable for that debt, is that true? Also, I have virtually no
> assets. I do have a mortgage on our house (60k) of which very little
> of the principal has been paid: although the property is probably
> worth 120k or so. If my debt owners (student loan holding
> institution) go after the estate could they only put a claim on the
> value of what has been paid off on the mortgage at the moment of
> death, or would they have a claim on the whole value of the property.
> Thanks


Granby, you are asking questions that really require a Law Degree,
and License to be answered. I would suggest that you contact an
Attorney in YOUR home State. He/she would be best able to provide
PROPER answers to those questions.

As to the Life Insurance contract (although I have not seen it), the
"general law" applies, that in the event of YOUR death, that the
proceeds would be paid to a "named beneficiary" who you state
is your wife. Those proceeds (and I refer ONLY to them) would be
protected from YOUR creditors. They could be subject to any
claim by HER creditors if any.

Cal Lester CLU

  #-1  
Old 06-16-2005, 07:10 PM
Granby@safe-mail.net
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Posts: n/a
Default Life Insurance & Debt:

Just a couple of questions:
I have a life insurance policy with my wife as the beneficiary. I
live in a community property state. I have substantial student loan
debt (70k) all incurred before marriage. I assume that my wife would
not be liable for that debt, is that true? Also, I have virtually no
assets. I do have a mortgage on our house (60k) of which very little of
the principal has been paid: although the property is probably worth
120k or so. If my debt owners (student loan holding institution) go
after the estate could they only put a claim on the value of what has
been paid off on the mortgage at the moment of death, or would they
have a claim on the whole value of the property.
Thanks

 

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debt, insurance, life
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