Legal Question in Wills and Trusts in Kansas

Re: liability

Yours is a common question. Unfortunately, there is no simple answer. Generally, a surving spouse is NOT responsible for the debts of their predeceasing spouse. that is if the debt is only the debt of the deceased spouse.

Sometimes to determine whether a debt was only the debt of one spouse and not another, you look to see what agreements they signed. If both spouses signed an agreement to have another person or company provide goods and services in exchange for money, they are each individually liable for goods or services provided in connection to that written agreement. You probably already know that if you both singed a contract, then you both or each owe the debt. This is often the case with a mortgage loan or car loan or other major purchase.

Where it becomes tricky is where one person signed an agreement but the other did not. If the survivng spouse did not sign the agreement, such as with a credit card in just one spouse's name, the surving spouse is not liable IF they were not a signatory or user or co=debtor of the card.

There are agreemtnts or debts in one person's name that both may owe. Commonly, this is the case with utility bills on the family residence. The bill may have been in just the deceased spouse's name, but the surving spouse will have to pay the bill, if they want to keep the gas, light, water, etc. on.

When it comes ot medical bills it can become even trickier. If the deceased spouse was sick for soime time before dying, there is a strong probablilith that the surving spouse signed a request or authorization for care at some point that included a promise to pay. Hospitals and physician offices are good at getting these done without the patient's spouse realising what all they have agreed to. There is also a common law doctrine that medical treatment to preserve or extend an person's life, makes their surviving spouse liable for payment for such treatment.

It is not unheard of for medical care providers to seek payment from a surviving spouse under such circumstances.

If the only asset you have is teh procees of the life insurance policy on the decease spouse, there may not be any need to open a probate estate for the deceased spouse. However, there may be good reasons to do so anyway.

Since you were not able to provide many specific examples of the type of debt you are concerned abpout powing, it is impossible to tell you wehther you will be or are liable for any or all of the deceased sppouse's debts.

If you are still concerned, you should consult in-person with an attorney in your area, to see if you may be liable, and whether a probate estat is to be opened.

Good Luck