My husband died suddenly 1 mo ago... we had good credit which is no longer... I have lost more than half my income... unfortunately I can not pay the creditors of my husband... there was no will and no trust or accets, I am in an underwater mortgage which I am trying to get help with the modification that is being offered in part of the stimulus package from the president, they said I do qualify... in the mean time my husbands creditors say I have to pay his back maybe with a settlement and said also he owns a home... I am only a authorized card user... am I by law obligated to pay them? Help me:confused:

I don't believe you are responsible if you do not accept being the beneficiary of his estate and belongings. If you decide to stay in your home and continue to use the credit cards and u use the money in his accounts under his name and you keep his belongings i.e. car/ home / etc you are also responsible to clear the debt.

But this is just what I believe only because when my grandmother died my father decided not to accept being the beneficiary because the debt she owed credit collectors was too high and the belongingsshe had left behind would not cover the debt once sold. The bank took everything.

I suggest getting some professional financial advice.

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Originally Posted by chrissymarie

I dont believe you are responsible if you do not accept being the beneficiary of his estate and belongings. If you decide to stay in your home and continue to use the credit cards and u use the money in his accounts under his name and you keep his belongings i.e. car/ home / etc you are also responsible to clear the debt.

But this is just what I believe only because when my grandmother died my father decided not to accept being the beneficiary because the debt she owed credit collectors was too high and the belongingsshe had left behind would not cover the debt once sold. The bank took everything.

I suggest getting some professional financial advice.

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The husband's ESTATE is responsible for paying the husband's debts. The wife is responsible for joint debts and, in certain States, no fault States is responsible for the husband's debts.

It has nothing to do with the appointment of an Executor or beneficiary.

Debts get paid off the top. Distributions come next. If the debts consume the estate the bequests do not matter.

And, yes, legal advice at this point would be a good idea.

Also, if your husband passed away, you could be eligible for Social Security which would have been paid to him. Contact them and they can advise you.

I'm very sorry for your loss.

This depends on where you live. In some states, credit accounts opened during a marriage are considered marital debts. So even if you didn't sign for them, you may be responsible. In other states, only the signer is responsible.

If you are not personally responsible, then his estate is. So before you can take anything out of the estate, the debts must be paid.

If you owned your house as joint tenants with right of survivorship, then the house passes to you outside the estate. Also any other assets owned as joint tenants with right of survivorship, plus insurance and retirement accounts that list you as beneficiary pass to you outside the estate.