My brother passed away, leaving a couple credit card debts that were in his name. Is his wife responsble for any of the debts that were in his name?

Asked 10/28/2009 under Wills, Trusts, Probate | 233 View(s) | More Legal Topics

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Typically, a surviving spouse is not liable for a deceased spouse's sole debt.  So unless her name was also on the accounts, she bears no liability for them.  However, some states do require a spouse to pay any debts that were incurred for the benefit of the family or medical bills.  At common law this is known as the "law of necessaries"; and in some jurisdictions it has been set into statute.  My research suggests, however, that this is not the case in your state.

However, while she may not be personally liable for such debts, her husband's estate is.  Therefore, she may be affected as a practical matter.

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