Can I liable for a dead persons debt?

I obtained a loan jointly and severally promissory note, The other party died and is not related to me. I am being sued for the full amount. Am I required by law to pay his half of the note. This is in Maryland.

Asked on June 25, 2016 under Bankruptcy Law, Missouri


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When you and this other party signed the note you both collectively and individually became legally responsible for it. This is what "joint and several liability" means. In other words, if one of you didn't pay their share due under the note, then the other is liable for it. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.