Legal Question in Credit and Debt Law in New Jersey

Debt inheritance

does a wife inherit her dead husbands debt in New Jersey?


Asked on 6/26/09, 3:39 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Debt inheritance

Not exactly.

Debts are not inherited. However, some debt are joint debts by virtue of the maritial relationship. So, it is necessary to look at the nature of the debt. For example, since one spouse has the legal obligation to provide for the health of the other, debts for essential medical services are debts of both spouses. Conversely, credit card debts for accounts in the name of one spouse are debts of that spouse's estate, but they are not debts of the other spouse. Debts of the estate are paid in accordance with law. So, the surviving spouse, if administering the estate, may have to pay those bills from assets that would otherwise become hers, but she is not responsible if the estate does not have enough money to pay if she has otherwise acted in accordance with law.

If you have a specific situation that needs to be clarified, it is best for you to consult with a lawyer who can understand your situation.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/26/09, 11:52 pm


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