Legal Question in Credit and Debt Law in District of Columbia
Deceased Spouse
Is a surviving spouse responsible for deceased spouse's bills, loans, etc., if they did not co-sign on original loan?
2 Answers from Attorneys
Re: Deceased Spouse
A surviving spouse will not generally be PERSONALLY liable for debts of the decedant. However, it is important to note that if the decedent had property in his/her own name alone, that property might be required to be sold or surrendered under certain circumstances. This would particularly be the case if the property was formally collateral for a loan. If there is property involved at all, you should contact a probate/estates attorney directly. While I do not practice in that area, I would be happy to direct you to such an attorney. Just give me a call.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Deceased Spouse
The surviving spouse is not generally responsible for the debts which were solely the responsibility of the deceased. However, if the debt is secured, the estate must either pay off the debt or return the collateral.