Legal Question in Wills and Trusts in Georgia
Will I be held liable for husband's liabilities?
My husband has a terminal illness. He never believed in insurance etc., so I will have no means of support upon his death, i.e. retirement funds, etc., nor will
I receive insurance benefits. His medical bills have been mounting (He has Medicare insurance). Will I
be responsible for his : bills, the house in his
name (only) and any other credit cards in his name.
1 Answer from Attorneys
Re: Will I be held liable for husband's liabilities?
Gee, not much good news to provide you concerning this one.
Since, he did not believe in insurance, perhaps he believed in himself and let those he leaves behind fend for themselves?
Ususally, with regard to medicare health bills, the surviving spouse does not have to pay any amounts unpaid. Now, this may not be true of the uncovered copay that medicare does not pay (that is a private responsiblity), but you do not provide enough facts to know.
It is cumbersome and difficult to shove an estate into bankruptcy, but I think I would keep as much of my finances as seperate as possible.
If there is any equity in the house and he owns the house the creditors should be entitled to the equity in the house.
Be careful of advice that says you can freely transfer the house to your name. It may be that that transfer may be viewed as a transfer to defeat creditors. Unlike other transactions between strangers, transactions between husband and wife are considered suspect. In a challange the burden will be on YOU to show the fairness of the transaction. In an arms length transaction between strangers, the burden is ususally on the one challenging the transaction to show it is unfair.
Credit cards are a private contract between your husband and the cc company. As long as your name is not on them, you do not use them and you do not have anything to do with them, you should not be on the hook to pay them.
Good Luck. Sounds like a tough road up ahead
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