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Loren, Attorney
Category: Legal
Satisfied Customers: 34442
Experience:  30 years experience representing clients.
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My husband passed 3 years ago. no estate, no probate only

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my husband passed 3 years ago. no estate, no probate only assets in only his name is $300 check from an insurance company, but house was in both of our names. Ambulance company suing for $850 do I have to pay?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: new jersey
JA: Has anything been filed or reported?
Customer: only the check for $300 - it was filed in surrogate court and I signed surviving spouse affidavit
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

My condolences for your loss.

As New Jersey is not a community property state, a surviving spouse is not specifically held liable for the debts left behind by their late husband or wife unless the debt was something that both parties put their signature on. Therefore, you are not personally liable for the bills left by your late husband.

Customer: replied 4 months ago.
I was told that b/c his name is ***** ***** house, they would get a judgement against my property and it would be there if I tried to sell the house. Is that true? They are considering the house his "asset"

His assets are vulnerable if the creditor opens an estate in probate. However, if you owned the property in joint tenancy with your late husband then it automatically became yours upon his death and is not vulnerable to claims in probate.

Customer: replied 4 months ago.
thank you!

You are very welcome.

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Customer: replied 4 months ago.
I was told they would put a judgment against my home. I agreed to a settlement based on what the mediator said. Do I have any recourse

I am sorry to hear that. If you have already signed something agreeing to pay then it is now your obligation, per the agreement.

I am sorry. I wish I could tell you otherwise.

Loren and 3 other Legal Specialists are ready to help you