Legal Question in Credit and Debt Law in New Jersey

Is a widow legally obligated to repay their deceased spouses credit card bills, student loans or any loans where the surviving spouse was not on the loan originally?


Asked on 12/05/11, 7:38 am

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

No, if they were solely the deceased spouses obligations, the surviving spouse would not be liable. However, the decedent's estate would be liable. Any debts would be paid out of the decedent's estate prior to distribution of the assets to any beneficiaries of the will. If the debts exceed the estate's assets, the estate will pay out what it can, the rest of the debt is cancelled and there would be no distribution as there are no remaining assets.

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Answered on 12/05/11, 7:54 am


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