QUESTION

My firends husband died recently and she has found out that he owes over $600,000 to various companies. For example, he had brorowed $ 10,000 from

Asked on Jan 05th, 2014 on Estate Planning - New Jersey
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firm. Since he did not pay it is now $ 31,000. Is the wife liable to pay the firm the total $ 31,000 even though she was not party to this. Also, what other advise you have for the spouse? Should she hire an attorney to deal with the finances?
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2 ANSWERS

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
She should probably hire an attorney to help her because there may be liens or other encumbrances on property that were done without her knowledge.  for the most part, she might be able to avoid paying the charges, and have her husband's estate declared to be "insolvent" and discharge the debt of the estate in a manner similar to a bankruptcy discharge.  The ability to do that is going to depend on what assets are in the estate, what things, if any she owned jointly, and the nature of the debt. 
Answered on Jan 07th, 2014 at 8:31 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
She should hire a NJ estate lawyer. No, she should not be liable unless she co-signed. An estate may need to be opened. If there are insufficient assets of the husband to pay the debts, the court will discharge the claims. 
Answered on Jan 05th, 2014 at 9:58 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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