If my husband recently passed away, am I liable for his debts?

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If my husband recently passed away, am I liable for his debts?

We have a motorhome that is not paid for; it is in his name only. The insurance is in his name only and the registration is in his name only. The original contract with the bank in his name only. Am I responsible for this and his credit cards or his medical bills?

Asked on November 12, 2013 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you purchased it during your marriage, you may be responsible as this can be considered a marital asset. Of course, the creditor would most likely have to file a claim against the estate and then include you in the suit to obtain those monies. Any marital debts are going to be jointly yours so at this point you may wish to consider whether you intend to keep the home and whether you intend on continuing to pay it. If you are, you may wish to pay it off and then transfer the title but in the interim you may wish to change the insurance if it is going to be used.


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