Who pays deceased spouse debt
Date: Thu, 06/17/2010 - 07:16
What is the law regarding this. My 65 years old mother is being bothered over a credit card debt that has been taken out by her deceased husband. Is she responsible for it?
Hi, Your mother cannot be held directly responsible for her de
Hi,
Your mother cannot be held directly responsible for her deceased husband's debts. However, if your's is a community property state, then she may be held responsible for his debts. In community property states property accumulated during the marriage are divided equally between the two spouses. Similarly, both will be held responsible for the other's debts. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, Territory of Puerto Rico.
However, if your's isn't a community property state, then your mother won't be liable for her husband's debts. However, the creditors needs to be paid. Now this depends on whether or not the deceased person has willed his property.
If the deceased person has willed his property, the executor will have to sell his assets to pay off his creditors. Then he can distribute the remaining assets among the beneficiaries of the will. However, if the deceased person hasn't left any will, the court will appoint an administrator to handle the situation. This administrator then distributes the assets according to the laws of the state.
Again if the deceased was insolvent, then in most of the states the creditors in no way can try to collect the debt anymore after the death of the debtor.
Thanks,
Lisa
