Obtain several copies of the death certificate and send it to the creditors who are attempting to collect a debt. In most instances this will stop the collection efforts.

Answer Applies to: California
Replied: 12/21/2011

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Whether you are responsible for your spouse's debts will depend on the facts of each debt situation as well as the status of his estate. You should consult with a bankruptcy attorney to determine your responsibilities and the best course of action for dealing with them.

Answer Applies to: Massachusetts
Replied: 12/21/2011

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In Colorado, you don't inherit a deceased spouse's debts unless you were jointly liable for the debts. Check to see if you co-signed or guaranteed your spouse's debts. In Colorado it is common for creditors to try to collect your spouse's medical expenses from the surviving spouse under the Family Expense Doctrine. Talk to an experienced local Bankruptcy Attorney to further evaluate your options since more factual information is required to answer your question.

Answer Applies to: Colorado
Replied: 12/21/2011

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You are only responsible for your deceased spouses debts to the extent that you were a co-obligor on the debts during his or her lifetime. In other words, if the debts are joint debts, or if you co-signed or guaranteed the loans, then you are personally responsible for the debt. If your spouse died leaving cash to you or to others other than joint accounts/joint property then the estate will need to go through probate and the probate estate will need to pay the debts to the extent possible (possibly on a pro rata basis if there are not enough funds in the estate) for which valid claims are made. If you are personally liable for the debts as a co-signer or as a joint account holder then you may want to consult with a bankruptcy attorney, however.

Answer Applies to: Massachusetts
Replied: 12/21/2011

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Depends if your spouse died with a will or not and did the estate have any money or not, if answer is no to both, then they generally can not collect from you.

Answer Applies to: New York
Replied: 12/21/2011

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Those debts should be handled through an estate administration. If there was a will, the executor would handle these matters; if not, the Clerk of your county would appoint you executor upon application. Your spouse's creditors are then paid from their available assets, similar to the way it is done in bankruptcy. Once those assets are extinguished, the debts remain unsatisfied. You are not responsible for debts that your spouse had, with the exception of necessaries. Under the doctrine of necessaries here in NC, we can be held responsible for certain debts that were debts of your spouse; the most common medical bills connected with their passing. These debts are dischargeable in bankruptcy.

Answer Applies to: North Carolina
Replied: 12/21/2011

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You are not responsible for your spouse's debts. You are however responsible for any joint debt.

Answer Applies to: Colorado
Replied: 12/21/2011

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Your dead spouse's debts are enforceable only against his probate estate. So he won't need a bankruptcy. My condolences for your loss.

Answer Applies to: Illinois
Replied: 12/21/2011

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Whether or not you are responsible depends on the nature of the debts. Minnesota makes you liable for your spouse's necessities of life, including medical expenses. Therefore, if the debts are medical debts you may be liable and you may need to file bankruptcy. If the debts are for loans or credit cards, you will not be responsible unless you signed as a responsible party on the account.

Answer Applies to: Minnesota
Replied: 12/20/2011

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Instead of spending money have you have been, save money by seeing a lawyer. You have likely already wasted more money than a lawyer would charge you, and your question tells me that without help you are about to waste more and really mess things up. You may be paying some debts you do not have to pay and may be overpaying others.

Answer Applies to: Georgia
Replied: 12/20/2011

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If the debts are solely in his name then you are not legally responsible for the debt and do not have to pay them back. You would not be able to file bankruptcy to discharge his debts because they are his debts and no yours. He would only be able to file bankruptcy to discharge his debts. You should send a copy of his death certificate to the creditors and this should stop them from attempting to collect the debt.

Answer Applies to: New York
Replied: 12/20/2011

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If the debts are just in her name. You are not responsible. If they are joint debts than you are still responsible. However, her estate may have to pay the debts if they file a claim with the register of wills within six months of the date of death(Maryland).

Answer Applies to: Maryland
Replied: 12/20/2011

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Unless held jointly, debts are the sole responsibility of the named party. When a person dies they leave an estate that can be liquidated to satisfy their debts. When your spouse passed away, his or her estate became liable for their debts. Unless you were liable jointly and severally with your spouse, or improperly took assets from the estate, you cannot be compelled to pay their debts.

Answer Applies to: Illinois
Replied: 12/20/2011

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I don't know if you are responsible for the debts it depends on a variety of issues. The type of debt, if you have ever used the particular card, did you sign for your wife to obtain the credit, etc.Most likely you are responsible for at least some of them. You may discharge debt in a chapter 7 if you qualify.

Answer Applies to: Florida
Replied: 12/20/2011

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You are responsible for "community debts." Often you can get them off your back by sending them a copy of the death certificate. A bankruptcy will definitely take of it.

Answer Applies to: California
Replied: 12/20/2011

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No you're not. But his estate will be responsible, that is if he has left any asset.

Answer Applies to: Florida
Replied: 12/20/2011

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Consult with a Lawyer .An estate is not liable for most personal debts of the deceased.

Answer Applies to: Georgia
Replied: 12/20/2011

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It depends on whether you were also on the debts.

Answer Applies to: California
Replied: 12/20/2011

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Was your name on the debts? If your name was not on the debts, then you might not need to file. However, if you have joint assets the creditors might sue to collect what he owes. You might need to consult an attorney to see what is your best option.

Answer Applies to: California
Replied: 12/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.