Legal Question in Wills and Trusts in Colorado

Is Social Security Survivor's Benefit considered to be part of the Estate of the deceased and thereby vulnerable to claims against the Estate?

In this case, my husband borrowed money from some one, without my knowledge. He died suddenly, six years ago, leaving almost $500,000 in debt, some of which was joint debt, leases I had cosigned, taxes, etc., which I have spent the past six years paying off. Now, this person wants me to accept responsibility for the loan he made to my husband. Aside from the fact that I haven't the financial resources to pay this debt, I don't believe it is my responsibility. I didn't even know it existed until two days ago. His argument is that as executor of my husband's estate, which he believes includes my Social Security Survivor's Benefit, I have an obligation to pay this debt.

I would greatly appreciate some legal input.


Asked on 9/09/10, 1:43 pm

1 Answer from Attorneys
Gary C. Johnson Attorney Gary C. Johnson

Your Social Security Benefit, even though based on your deceased husband's wages, is considered your sole and separate property. It is not subject to your deceased husband's creditors.

In addition, a six year old claim is probably beyond the "statute of limitations"

DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776

Read more
Answered on 9/29/10, 3:25 pm


Related Questions & Answers

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