Losing your spouse to death is distressing enough, but being required to pay his or her debts would only add to your grief. The good news is that surviving spouses are rarely considered legally responsible for these financial obligations. Here’s what you need to know about responsibility for a deceased spouse’s debts.
You are rarely required to pay
Generally speaking, a deceased person’s debts are paid from that person’s estate. As a surviving spouse, you are liable for such debts in only the following situations:
- You cosigned a loan with your spouse, and the loan has not been repaid in full.
- You and your spouse were joint account holders on a credit card. If you were merely an authorized card user, you are not responsible for paying it off.
- You live in a community property state, where you are legally responsible for certain debts your spouse incurred during your marriage.
- You live in a state with a “necessaries” or “necessities” statute. These laws hold spouses and parents responsible for certain costs, such as healthcare bills. Not all states have these laws.
In all other situations, if the deceased person’s estate is insufficient to cover the debt, it goes unpaid.
What to do if a debt collector calls
If a debt collector calls you about an obligation of your deceased spouse and says you are responsible, ask for written details of the debt, known as a validation notice. This must be delivered within five days. Then consult an attorney who knows your state’s laws. If you are not responsible for the debt, you have 30 days to dispute it in writing. You are entitled to notify the collection agency as to when and by what methods it is allowed to contact you.
For assistance dealing with debt collectors after your spouse dies, contact the federal Consumer Financial Protection Bureau.
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