Legal Question in Wills and Trusts in Pennsylvania

spouse passes away and has debt in their name only, is other spouse responseable for that debt?


Asked on 3/22/15, 2:01 pm

1 Answer from Attorneys

Not directly for most debts. But you do not divulge any relevant details. Were both spouses co-borrowers/applicants or only one spouse who died?

If the latter, then the debts would be claims against the dead spouse's probate estate. Whether the claims would be paid in part, in full or not at all would depend on the size of the probate estate or whether there was a need for probate at all and the type of claim.

If there are no assets justifying probate and this is for something like credit card debt, then I would send a certified letter to the creditor advising that deceased spouse had the account with creditor, that spouse died (attach a death certificate), that survivor is not liable and that there are no assets justifying probate so there will be no probate and that creditor should write off the debt.

If the survivor was a co-borrower or if this is for a medical debt, then surviving spouse may be directly liable. In such case, I would consult with a probate attorney.

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Answered on 3/22/15, 8:05 pm


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