Legal Question in Wills and Trusts in Pennsylvania

If a husband passes away is his widow responsible for the debts he has incurred such as credit cards, Line of Credit, etc. . Everything is in the husbands name, nothing in windows name and she is the sole heir.


Asked on 1/18/17, 7:44 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

No. If it's in his name his estate is responsible. Not YOU.

{John}

Read more
Answered on 1/18/17, 8:00 am

The surviving wife is not directly liable for things like husband's credit card or other unsecured non-medical debt.

The husband's estate, if he has one, is liable Does husband have probate assets? Many assets like joint checking accounts, life insurance and jointly owned real property are NOT probate assets. Also, wife has a family exemption which comes before creditors' claims. So do other kinds of claims. So if there are probate assets and the estate runs out of money before things like credit cards are paid, then its tough luck for the creditor.

I suggest that you sit down with a probate attorney who practices in the county where you and your husband lived prior to his death and pay the attorney to review your situation and see if an estate needs probated. If there are no probate assets, then a letter can be sent to the creditors which advises that your husband had an account, that your husband died (include a copy of the death certificate), that you are not personally liable for your husbands debts and that no estate will be probated as there are no assets.. Ask them to close the account and cease further collection activity then. If there are probate assets, then you will have to probate an estate and direct the creditors to file claims with the estate. If there is not enough money, claims are paid in order of priority as outlined in the probate code; if there is enough money, then creditors are paid from the money in the estate.

Read more
Answered on 1/18/17, 5:47 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania