And in nine “community property” states, including California and Texas, spouses may be equally responsible for debts incurred during the marriage, including medical debt. Other states may have laws that hold spouses responsible for paying certain essential costs, like health care.
If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Gather relevant estate planning documents, such as a will or trust. Contact credit bureaus. Notify Equifax, Experian or TransUnion that your spouse is deceased, and any accounts held in their name should be closed. You may also want to request a copy of your spouse's credit report to check for unknown debt.
If your spouse dies, you're generally not responsible for their debt, unless it's a shared debt, or you are responsible under state law.
You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or you're a joint cardholder on the account.
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
Community Property States
This means that if your spouse incurs medical debt, you are typically responsible for it as well. There are nine states in the U.S. that follow community property laws: Arizona. California.
Call the medical provider to propose a settlement offer to be paid all at once or through a payment plan. Usually, a settlement offer is less than the amount owed and forgives added fees. Let the creditor know that the person who received services is deceased, and they may be more willing to work with you.
This means that, generally, your spouse is not liable for your debts unless they co-signed the debt or it's a joint account. It's important to note that even in common law states, certain types of joint household debts (such as medical expenses in some states) may be treated differently.
Federal student loans are forgiven after death in a lot of circumstances, but not all. Private student loans are another story. It depends on the particulars of the loan.
Furthermore, the attorney-in-fact is not personally responsible for the decedent's debts, such as credit card bills, mortgages, medical expenses, or funeral costs. These obligations fall to the decedent's Executor, also known as the Personal Representative.
If your spouse passes away, but you didn't sign the promissory note or mortgage for the home, federal law clears the way for you to take over the existing mortgage on the inherited property more easily.
There is no one, clear cut answer to the question of whether hospitals write off unpaid medical bills. Some hospitals do this a lot, some do not do it at all, and there is a wide range of hospitals in between. Many factors go into how and if, a hospital writes off an individual's bill.
In most cases, the answer is “No — you are not responsible for the debt of a deceased spouse.” However, there are exceptions, and your deceased spouse's estate likely is responsible for paying those debts.
If your spouse is assigned a joint debt or a debt in your name and does not pay, the creditor can still come back after you directly. Even if your divorce decree orders your ex-spouse to pay a debt, you may still be sued by a creditor if your name is on the debt.
In general, spouses are not responsible for each other's debts. However, there are certain situations where a spouse may become liable for their partner's debt. This occurs when the spouse willingly agrees to be personally responsible for the debt, such as by co-signing a loan or jointly opening a credit account.
How to Not Be Responsible for a Spouse's Debt in a Community Property State. Couples in community property states can sign pre- or postnuptial agreements to treat debts and income separately. However, a contract between you and your spouse only won't affect whether a creditor can pursue you for debt (they still can).
Answer: You'll apply for new credit in your own name, using your own credit history and income. If your credit cards are joint accounts, you can simply ask the issuers to remove your husband's name. Here's the thing, though: Few credit cards these days are joint accounts.
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
The responsibility of a California surviving spouse for her deceased husband's debts hinges on the nature of the debts and the California community property laws. If the debts are classified as community debts, the surviving spouse must pay them.
If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.
Debt collectors can contact you to try and locate the executor or administrator of the estate, but they should not discuss or mention the debt to you. You might want to tell the debt collector who the executor is.