Legal Question in Wills and Trusts in Louisiana

My husband and I married about 3 years ago. (We were both divorced.) He has a great job and makes almost $175,000/year. He has no assets but lots of debt ($80,000) he incurred before we were married. He does have life insurance and a 401(k) through his work and I am the sole beneficiary of these. He has 3 grown children.

What liability do I have for his debt? He has no will and doesn't want to make one because he says that would make me (or his estate) responsible for his previous debt.


Asked on 1/20/16, 11:39 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

If the debts were incurred before your marriage, they are his debts and not community debts. They can be satisfied from his assets only.

He should still have a will. That would not make you liable for his debts.

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Answered on 1/20/16, 12:17 pm


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