Legal Question in Credit and Debt Law in Hawaii

Am I Responsible?

Am I responsible for my late husband's unpaid debts? He left no will or beneficiary. We lived in separate houses for about 18 years, yet, we were still legally married. He had a live-in girl friend and she left my children and I with

all his responsibilities. What can I

do?


Asked on 10/11/07, 1:55 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Am I Responsible?

If your husband had no will, you are not responsible for his debts. The state sets up an "estate" for him and his possessions, etc., are collected and disposed of under the law of intestate succession.

You probably need to petition the court in the county of your husband's residence (Oahu, Maui, Kauai, etc.) for the state to open up a probate estate. The bills and responsibilities your husband had are then handled as a part of the estate.

Unless you signed as a joint debtor (for example, on a mortgage) you do not have personal responsibility for the debts and should not assume it by paying anything.

See a lawyer well-versed in Hawaiian law as quickly as possible. Native Hawaiians may have special land transfer rights, and you need to investigate what you have coming.

Note that anything of value that belonged to your husband and did not pass outside of probate (cars, houses, jewelry, etc.) and that exceeds his debts goes half to you, and half to your children in most cases. The live in will likely get nothing under Probate.

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Answered on 10/11/07, 9:22 am


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