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    mrsmikec's Avatar
    mrsmikec Posts: 1, Reputation: 1
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    #1

    Dec 14, 2007, 12:56 PM
    Paying off deceased debts before our Marriage
    My husaband of 2 years passed away and I am unsure if I should pay off his credit card bills/medical bills that were incurred before we were married. We resied in NJ, if that matters.

    I was not an authorized used of them. Am I allowed to wrote DECEASED on the bill and send them on their way? Or can I just pay what I can on them? He had been ill for 4 years and I was responsible for paying the bills as my DH could not. My name is on the checking account.

    He had a will, myself and our 8 y.o daughgter still reside in that house, which are are intitiled to reside in. It is valued around 200,000.00.

    There is pending lawsuit, thatt will go to the ESTATE, could htose bills be paid against that?

    Complicated case, I know.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 14, 2007, 01:29 PM
    When a person dies their debts die with them. A spouse is not responsible for any debts that they did not sign off on. Especially not debts incurred pripr to the marriage.

    However, the deceased's estate IS responsible for paying off debts before any inheritances can be distributed. So yes, if there is an award coming to him, it will go to the estate and the estate should then pay off any outstanding debts.

    If the house was left to you as part of the estate, you may have to pay to include the value in the estate. But if you were joint tnenants with right of survivorship then it passed to you outside the estate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 14, 2007, 02:43 PM
    While you don't have a personal liablity to pay the debts, but his estate does, normally the home will be considered part of the estate as would other things but not any life insurance he may have had that named someone to get it,
    You really need an esate or probate attorney to help handle the debts
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 15, 2007, 02:40 PM
    Quote Originally Posted by mrsmikec
    My husaband of 2 years passed away and I am unsure if I should pay off his credit card bills/medical bills that were incurred b4 we were married. We resied in NJ, if that matters.

    I was not an authorized used of them. Am I allowed to wrote DECEASED on the bill and send them on their way? Or can I just pay what I can on them? He had been ill for 4 years and I was responsible for paying hte bills as my DH could not. My name is on the checking account.

    He had a will, myself and our 8 y.o daughgter still reside in that house, which are are intitiled to reside in. It is valued around 200,000.00.

    There is pending lawsuit, thatt will go to the ESTATE, could htose bills be paid against that?

    Complicated case, I know.

    My understanding is his creditors can collect his debts from any of his assets - is/was your house in joint names?

    He had a Will - you must have an Attorney. What does the Attorney say?
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