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My husband passed with no will, am i responsible for any of…

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My husband passed with no...
My husband passed with no will, am i responsible for any of his dept? He had a mobile home in his name that we no longer occupied but this was on somebody's else land now they are going to sue me to have removed am i responsible for this?
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/28/2017
Real Estate Lawyer: Richard, Lawyer replied 7 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,743
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Good morning. Georgia is not a community property state. If spouses did not reside in a community property state, and only one spouse signed a contract or owned something like a mobile home that is no longer owned, then the signatory/owning spouse is the only party liable for the debt. The other spouse, being the non-signatory/non-owning spouse, does not share in such liabilities of the signing/owning spouse.

If spouses never resided in a community property state, and only one spouse signed the loan contract (such as a credit card agreement), then the signatory-spouse is the only party liable for the debt. The other spouse, being the non-signatory spouse, does not share in such liabilities of the signing spouse.

So, as the surviving wife, you have responsibility for such debt. But, to the extent your late husband's estate has any probate assets, those would be subject to the creditor claims. But, that only includes probate assets. Assets that are not probate assets are: i) joint accounts which vest automatically in the surviving joint owner; ii) real property held as joint tenants with right of survivorship or as tenancy by the entirety, which property vests automatically in the surviving owner; and iii) assets with named beneficiaries, such as retirement plans and life insurance policies. None of these are probate assets and thus are not subject to the claims of the creditors of the deceased spouse.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Good morning. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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Customer reply replied 7 months ago
not sure what this means, I will be responsible for the removal of the mobile home? Why would I be responsible for his debts?
Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Thank you for following up. No, you would be responsible for neither.

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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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