What to do about debts that my deceased ex-husband was suppossed to pay?

After 17 years and 3 children, my husband asked for a divorce. The final decree listed who paid what debts. After 5 months he was remarried. In less than 2 months he took his own life. He did not pay those bebts, some are medical for the children. He died without a Will. His wife widow did not have his estate sent to probate and an executor appointed. She is sending all bills and collectors my name, address and phone number. Am I legally obligated or is she or the estate?

Asked on September 15, 2012 under Bankruptcy Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please get legal help as soon as you can.  His estate needs to go to probate and you could have a claim against it for the debts he was supposed to pay. One needs to read the agreement here and see what is going on.  But you have recourse.  The problem is that the debt collectors are not a part of your divorce contract and so they can indeed still go after you.  You may need to stave off the wolves so to speak until such time that you can get the matter straightened out.  Good luck.


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