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ak_husker06 | My wife recently passed away, am I liable for any debts she incurred solely in her name? We lived in Alaska.? |
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itsallaboutobama
 |
Assuming that nowhere on the debts was your name....then no you shouldn't worry.
Unless the debts like a mortgage for example were on her name and she too had title of the house you have too |
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Revelle
|
The general rule is that all debts must first be paid before assets are distributed. Your outstanding credit card balances, for instance, will be paid before any money or gifts are distributed to your heirs.
A major exception to this general rule is for "secured debts," such as home loans or auto loans. In the case of secured debts, property can be distributed with its debt. In other words, let's say you have a car worth $10,000 and have a loan on the car of $5,000. You can leave the car to someone, but it will be that person's obligation to pay off the loan.
What happens if you owe more than you own? In general, people cannot inherit another person's debts. If there are not enough assets to pay your debts, then all property will be sold to pay as much of the debt as possible, and no one will inherit anything. |
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echo
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First I want to say that I'm sorry for your loss.
Alaska is not a community property state, so you are not liable for any debt that is in her name.
If she owned something, like a car, solely in her name, it may be subject to attachment for her debts. That would be something to discuss with your lawyer.
If "everything" was/is either in your name or held jointly, there is nothing they can take.
If they harrass you to pay her debts, and if everything was held jointly or in your name, I would suggest letting them know (in writing and sent certified mail return receipt) of her passing and that you are not responsible for the debt. If they continue then I would suggest speaking to your lawyer about them.
edited to add: even if you were an authorized user on one of her credit cards - you are still not liable for the debt. You would only be liable if you were a joint user on the account. |
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I'm Gonna Tell You
|
Medically speaking no. Unless a probate on an estate was filed, however that is extremely rare. Just send a copy of the death cert to her dr. office and the hospital and any specialists. You do not need an official copy for each one, but keep the original on your file.
I live in Michigan and we routinely call probate court to see if estates have been filed, if none had been filed within a year, we can legally write off the debt.
sorry for your loss. |
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jesgeri57
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Are you a community property state. In other words if it is what is your is hers hers yours, however if she is not I would get an ad in the public service domain and state that you are not responsible for any of her debt. Go see a lawyer also. |
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Flower Girl
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If she had an estate or any inheritance that she was going to pass on to soemone, her debt would have to come out of it first. |
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southernangel5482
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If you wife has any outstanding medical bills, mail a copy of her death certificate to all of the providers of service with a note stating that there was no estate. I work on the business end of the medical field and they cannot go after you for her medical bills. They may go ahead and send the bills through their collection process but each time you are contacted just mail whomever it is a copy of the certificate. |
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nosloc
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I don't believe the answer above is correct. I believe because you were married, you are liable for any and all incurred debt associated with your wife. This is no different than parents being liable for the debt of their children should they be that persons heir or included on the will. |
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sweets
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I'm so sorry.
I think you are. But I'm not sure. I'm not sure where you would ask. The bank? |
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