Legal Question in Credit and Debt Law in Kansas

Re: Spouse died with debts, will collectors go after other spouse

If it were only so simple that you could look in one place for a clear answer. Such is not the law.

If your father-in-law's debt was exclusively his own, then the creditors rights die with him. THey are entitled to any money that he owned at his death -- that is, HIS money, not his wife's.

However, whether or not a debt was his alone or was both of them jointly will depend on exactly what SHE may have signed and also what the debt was for. For example, if the gas company supplied gas to the house and she lived in the house and enjoyed the use of the gas, then the gas company may be able to collect on an "Unjust enrichment" theory even if she did not sign anything.

So it is going to depend on a case by case basis whether a debt was HIS debt or both of their debt.

Also, what is his money alone and what is their money jointly may be a difficult problem on a case by case basis.

In general (although I would NOT advise this in every situation, but since this is only a civil debt), I would not pay any of his debts (unless you are absolutely sure it is also her debt as well), and let them come to you and try to show why they think she is responsible.

A plaintiff has the burden of proof, and if they know some reason why she should be responsible, it is their obligation to come forward and show it to you. They probably won't until it actually goes to court. But more than likely it will never go that far.

If your mother is ever contacted to pay your father-in-law's debts, (a) demand that they communicate in writing, (b) send them a letter IMMEDIATELY in WRITING, saying you dispute the debt including because you are not sure who is responsible, and demand that they give you evidence and information why she is responsible.

If they can show that she signed something or some other reason, then go ahead and pay it. But otherwise, wait for them to show you why she is responsible.

Unfortunately, they will probably keep bugging you by phone or letter. You cannot do anything until they actually take it to court. THen, they have the burden of proof and if they cannot prove it, they will lose.

But, again, the EXECUTOR of your father-in-law's estate should pay all of his debts out of HIS money that he owned at his death, to the extent possible. But once HIS money is used up, the other creditors are out of luck.

And, again, what constitutes HIS money versus HER money may be a difficult question.