Am I Responsible for the Debts of My Deceased Spouse?
An individual’s estate is responsible for repaying any debts that the individual left outstanding at death. The executor of the estate will use the individual’s assets — either cash from bank accounts or money gained from liquidating property — to pay back creditors.
Spouses of deceased individuals may worry that creditors will attempt to collect from them after their husband or wife passes away. As with many questions in the law, the answer to whether you are responsible for the debts of your deceased spouse is: “it depends.”
Spousal liability for debt largely comes down to whether you live in a community property state. In community property states — which include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin — debt acquired during marriage is the responsibility of both spouses. If you live in one of these nine states, you will be responsible for your spouse’s debts after his or her death.
In all other states, debt taken on for the benefit of the two spouses is considered community debt. Family necessities that you benefit from, such as food or shelter, must be repaid. Personal debts your spouse incurred do not fall to you, however.
It is important to note that death does not wipe out an individual’s debts. Whether you live in a community property state or not, and whether the debt is considered community debt or not, creditors have the ability to collect money due to them from the estate’s assets. Should those funds be depleted before all creditors can be repaid, the debt does not transfer to you unless it is a community debt.
Some non-community property states have made variations to these default rules. Before making a determination as to what debts you are responsible for, you should speak with the estate’s executor, the probate judge assigned to your case, or an estate planning attorney.
Incoming search terms:am i responsible for my dead spouse\s debt (39), am i responsible for my dead spouses debt (27), am i responsible for deceased spouses debt (17), executor money (11), medical bills after death of spouse (6), husband passed away- his wife has pay his debt (3), spousal medical responsibility after death (2), am i responsible for my wifes medical bills in oklahoma (2), am i responsible for my wife\s medical bills (2), if someone is married and passed away what happens to their hospital bill? (2), My husband passed away am I responsible for medical bills (2), am i responsible for my dead husbands medical bills (2), if my husband passes away in nys am i responsible for his debts (2), who is responsible for hospital bills after wife dies in texas (2), If My Husband Dies Am I Liable for His Debts (2), is the wife responsible for husbands medical bills in maryland (1), Is the husband responsible for his deceased wife medical bills (1), is the surviving spouse liable for debts incurred by deceased before the marriage in Pennsylvania (1), medical bills if spouse passes away is it my responsibility to pay (1), is the widow responsible for outstanding debt in spouses name? (1), is the widow responsible medical bills in indiana (1), is the wife responsible for unpaid hospital bills when husband dies (1), medical bills deceased spouse in pa (1), medical bills after spouse passes away (1), medical bills after spouse death (1), is spouse responsible to pay for medical bills of dead spouse (1), is spouse responsible for medical bills after death (1), is a spouse responsiable for the other spouses medical bills after death in okla (1), is a spouse responsible for medical bills when husband dies (1), is a spouse responsible to pay hospital bills (1), is a widow responsible for her husbands debts (1), is a widower responsible for wifes medical bills (1), is a wife liable for her husbands medical bills in florida (1), Is a wife responsible for her deceased husbands debt in georgis (1), is a wife responsible for her husbands debts in florida (1), is a wife responsible for her husband\s debts if he is deseased (1), is a wife responsible for medical bills if the husband passes away (1), is aspouse liable for edical bills when other spouse dies in ny (1), is awidow responsible for husbands medical bills (1), is it new york state law for medical of a spouse who dies that living spouse is not responsible for unpaid medical bills (1), is my husband responsible for my debt if I die in Pennsylvania (1), is spouse responsible for deceased medical bills? (1), is spouse responsible for deceased spouse medical bills (1), is a spouse responsible for medical bills after death in nevada (1), my husband died am i liable for medical bills (1), surviving spouse responsible medical bills (1), under what conditions is a widow not responsible for her husbands medical bills (1), va law on if the husband passed away is the wife responsible for husband doctor bills (1), Washington State debts of spouse died? (1), what bills are spouses responsible foe when a spouse dies? (1), what do i medicals after spouse dies (1), What happens if your ill wife dies who is respoinsible for her bills (1), what happens to medical debt after death in pa (1), what to do about a deceased spouses medical bill (1), when spouse dies who is responsible for medical bills (1), when your husband passes away on you respond for hosptial bills in his name (1), When your married and your spouse dies and your bills are in your own names are you responsible for your spouses bills (1), when your spouse dies are you responsible for medical bills (1), who is responsible for medical bills when a spouse dies (1), surviving spouse bills tennessee (1)