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


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.

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 AttorneyPages.com 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.