QUESTION
Am I, as a wife, responsible for his credit card payments and hospital bills upon his death?
Asked on Nov 07th, 2012 on Estate Planning - Kentucky
13 ANSWERS
Civil Litigation Attorney serving Ventura, CA
at
The Law Office of Robert I. Long
Update Your Profile
In a community property state like California, the spouse is generally liable, to the extent of community assets, for debts incurred "for the benefit of the community." That would generally include hospital bills and c redit card bills for consumer goods , food and services. That does not necessarily mean the creditors will do any more than send demands for payment.
Answered on Nov 09th, 2012 at 4:44 PM
Business Law Attorney serving Livonia, MI
at
Gerald A. Bagazinski
Update Your Profile
Generally no. But be advised that if there is any property or money that is payable to the estate or in a trust that belonged to him, these funds may be required to be used. If property goes through probate you can deduct your exempt property allowance, homestead allowance, or spousal allowance.
Answered on Nov 09th, 2012 at 5:55 AM
3 Awards
Nevada is a community property state. Generally speaking, community debts are the responsibility of both spouses.
Answered on Nov 09th, 2012 at 5:54 AM
Thomas Edward Gates
Maybe, depends on your state. In a community property state his estate would be responsible. So you could discharge the debt with his assets - 1/2 of the community property and any personal property he owns.
Answered on Nov 09th, 2012 at 5:25 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
No, only his share of the community property is responsible, as long as you were not the recipient of any benefits of his bills. Do not let the creditors push you on this, as they surely will.
Answered on Nov 09th, 2012 at 5:23 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Your husband's estate is responsible first. Second, for the hospital bills, probably yes; credit cards on which you were not joint, maybe no. Spouses are mutually responsible for "expenses of the family," whatever that means. If the credit cards paid college tuition for the kids, or prescriptions for family, or groceries, then probably you are responsible. If you were not living together, or you really don't know what the credit cards were used for, they try "he passed away, we've cut up the cards" for starters, and see if the card companies will just write it off.
Answered on Nov 09th, 2012 at 5:22 AM
Debts incurred during the marriage are community debts and the surviving spouse is liable for those debts. If the debts are large you should talk to a bankruptcy attorney about whether or not bankruptcy is appropriate.
Answered on Nov 09th, 2012 at 5:20 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Generally not, unless you have agreed to be responsible. If there is an estate, the estate would be responsible for the debts. If there is no estate, then the creditors are likely out of luck.
Answered on Nov 09th, 2012 at 5:19 AM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
Update Your Profile
Only if it was a joint debt to begin with. Spouses are not responsible for each other's individual debts in Michigan. This can vary from one state to another.
Answered on Nov 08th, 2012 at 11:45 AM
William H. Von Willer
Probably not his credit card bills, but you can be held responsible for the necessities of life, which can include hospital charges.
Answered on Nov 08th, 2012 at 11:42 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
at
Whiteford, Taylor & Preston L.L.P.
Update Your Profile
Generally, you are not personally responsible for your deceased husband's debts, unless you somehow agreed to be responsible for them (for example, by co-signing a loan). Keep in mind that creditors may file a claim against your husband's estate (to the extent that he has an estate).
Answered on Nov 08th, 2012 at 11:41 AM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
As to the Credit cards, if you had a card or the right to use the card you would be responsible. If this was purely his card, it would be an obligation of his estate and would "come out" before any distributions to beneficiaries. As to medical bills, you might well be obligated to pay these but first these expenses (medical) would come out of his estate (if he has one).
Answered on Nov 08th, 2012 at 11:41 AM
Gregory Thomas Taylor
No, you are not. Those debts would be payable through his estate and if there is not enough money to satisfy all creditors, the debt would not be paid.
Answered on Nov 08th, 2012 at 11:37 AM