Recent Feedback
What is the US law on spouse's responsibility for their husband's or wife's debts in a case of failure to pay back due to a death, or serious illness or absence of income, etc.a) debts that were acquired before a matrimony, for example a student loan b) debts acquired during a marriage
Optional Information: State/Country relating to question: Massachusetts Already Tried: Getting an expert's opinion
Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
A spouse is not responsible for the debts of their spouse titled solely in their name, either ones acquired before death, or ones acquired during the marriage. Unless a surviving spouse signed a contract/personal guarantee that they would pay such debts, the balance is to be paid from the decedent's estate, that is, the assets titled solely in the decedent's name. If there was no estate then the debts simply don't get paid, and creditors should be informed that the decedent left no estate from which the debts can be paid off and that the accounts should be closed. Many times creditors will make surviving family members feel as if they have the obligation to pay the debt, but that is not the case.
If you would like any additional information or have more questions please don’t hesitate to ask!
Experience: Experienced in multiple areas of the law.