Is a spouse required to pay her late husband’s debts?
admin | Apr 18, 2010 | Comments 5
My friend was separated to make a split from her husband when her husband died unexpectedly. A few days before his death she had signed the ID to separate her and his properties and debts but he died before he signed the ID.
Turned out that aptly before his death he was trying to file personal bankruptcy and he owed about $200K in credit cards. He and she owed joint properties and now the bank is asking her to pay the mortgages or take the household from her. Credit card companies are also treating to take her properties because she was “married to him” at the time of his death. By the way they were separated a few years before that and he bought those debts after he and she were separated.
Now:
1. is she required to pay his debts? ($200K?)
2. Is she going to loose all her assets, household, cars etc? Can credit cards companies forceher pay his debts?
3. Can she loose her household (joint asset) if the household is her residence?
Thank you in advance.
Thank you all for your answers. She lives in Virginia.
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Filed Under: Bankruptcy
I would suggest she find a a competent estate lawyer as soon as doable. Fees are expensive, certainly, but they may be a lot less that she might lose (not loose) otherwise.
A lawyer may be able to make the creditors off her back and aid negotiate a settlement with them, if she is liable for her late husband’s debts.
My thoughts: She was legally married and those are joint debts even if she wasn’t living with him. Since there is so much money involved and I don’t know what legally happens to his estate, she needs to see a specialist in this sort of thing. Laws differ by state. No guessing.
“Married to him” is a legal term, not a touch you can use when you want and ignore when you don’t want.
I’m sorry for your friend’s misfortune.
The answer to all three of your questions is ‘yes’.
She was legally married to him at the time of his death, therefore, she inherits everything, excellent and terrible.
Please caution her to seek out the advice of a reputable attorney.
Excellent luck.
I don’t know what state your friend is in, but I would suggest that your friend hire a excellent attorney, NOW! If she lives in a Community Property state, she more than likely will be charged with his debts, because they were married at the time of his death. Just filling out separation ID isn’t enough. If she had a legal separation at the time of his death she may have been able to make out of it. I would wholeheartedly suggest she make an attorney!
Not knowing which State she lives in and which of those cards were “joined” accounts…. I despise to make any “assumption”…
Her preeminent bet is to make a lawyer immediately and let the lawyer deal with any creditors, etc.
I give you one tip: The estate of her deceased husband is responsible to pay off all debts he had. The estate means all assets he owned or had a partial ownership in…
That means real estate, cars and anything of value including all bank accounts that have his name on the account.