If my brother and wife were in bankruptcy and he died, is she responsible for some of the debt after the life insurance pays out?

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If my brother and wife were in bankruptcy and he died, is she responsible for some of the debt after the life insurance pays out?

Asked on May 10, 2012 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Under the laws of many states, the estate of the deceased spouse is primarily liable for that person's debts. If there is not enough money in the deceased person's estate to pay off all debts, then depending upon the debt remaining, the surviving spouse could very well be responsible for all marital debt (as opposed to separate) debt under the law of a given state.


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