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hobo
Lv 7
hobo asked in Business & FinancePersonal Finance · 1 decade ago

My husband died last week. Am I responsible for all his debt? We did not share last names or bank accounts.?

12 Answers

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  • 1 decade ago
    Favorite Answer

    My condolences on your loss.

    A lot depends on what state you live in. In community property states such as California, New Mexico and Texas, yes, you are responsible for ANY debt created during the marriage by either you or your spouse even if your name is not on the credit card or loan, etc.

    You need to talk to a lawyer. Check the local phone directory for a phone number to the local bar association and see if they know of anyone that does free initial consults or offers reduced fee consultations. Here in my hometown, lawyers volunteer to work at the "Pro Se Clinic" at the courthouse to help people who don't qualify for Legal Aid but still need help. There is Legal Aid or the Legal Services Corporation to assist low income people. Most Bar Associations have websites.

    Only a lawyer licensed in your state is qualified to give you legal advice.

  • 1 decade ago

    Your last name make no difference. Bank accounts make no difference. The question is "Whose name is on the DEBTS'. If your name is on those accounts, you ARE liable. If you did not sign for the debts, you do NOT inherit the debt. That said, EVERYTHING he owned must be used to pay the debts before you inherit anything. If you own a house together, his creditors have a claim against his half of the equity.

  • 1 decade ago

    Please seek the advice of a competent professional! Usually, if your husband had debts that you did not share, then you are not liable for them. However, his estate IS liable for them. The student loan is one exception to the rule, when the student dies the remaining loan is usually forgiven.

    Your husband's estate, meaning the assets he owned when he died, are subject to the claims of creditors. Don't pay anything out of your money for debts that were his alone. If he had any assets at all, you should probably seek the advise of an attorney.

    Source(s): Experience as a Certified Financial Planner.
  • 1 decade ago

    Any debts he owed must be paid from his estate.

    Unless you were named on a loan, you are not responsible if there is no money left over after paying out from his estate. The bottom feeder debt collectors will try to guilt you into paying anyway. Don't fall for it.

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  • Depending on which state you are from. As you know laws are different. I know in Florida, you have NO obligation to repay any debts, as long as you do not share an account. ie. Joint Account.

    Consult a lawer for accurate info. sorry for your loss...

  • 1 decade ago

    I don't believe so. At least not credit cards that were just in his name or any loans that were in just his name. However if you shared a mortgage, then yes. The only thing I am not sure of is if your name wasn't on the mortgage, but you were on the title, you might be...not sure though.

    And I am sooo sorry for your loss.

  • 1 decade ago

    I am sorry for your loss and sorry to say that you are responsible for his debts. It is the law, but so are his assets and life insurance. Hopefully his life insurance will cover all the expenses.

  • 1 decade ago

    Condolences on your loss.

    I believe you should consult an attorney regarding this question, especially with the variety of answers you have recevied.

  • 1 decade ago

    If he has student loan debt, you are not responsible for those. As for other debts, you may be.

  • 1 decade ago

    May you find the peace his soul has found.

    I grieve with you. If I were you I'd contact an ATTY. or legal Aide.

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