How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

If legally marrid but legally separated at time of spouses

Customer Question

If legally marrid but legally separated at time of spouses death. Am I legally responsible for properties if there is no will?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you mean by "legally responsible"? That is a term that the law doesn't usually use but most people do so it can mean different things to different people.

Also, what type of properties?

Customer: replied 1 year ago.
Legally responsible for real property like land. Legally responsible for debts on such land
Customer: replied 1 year ago.
Final exspenses.
Expert:  Dwayne B. replied 1 year ago.

You wouldn't be responsible for the debt on the land unless you signed for it (are on the loan). If your name is ***** ***** deed you would also be responsible for taxes on the land.

Any property that was acquired during the marriage is community property. To an extent, the debt is too. Not all debt acquired during marriage is community property but it is presumed to be community property. That presumption is what is known as "rebuttable" which means it can be proven not to be community.

In addition, many of the debts will be extinguished if a probate is opened and the creditors notified of the estate but then fail to file a claim.

Please ask any follow up questions in this thread.