Legal Question in Credit and Debt Law in Louisiana

In Louisiana, is the surviving spouse responsible for debts incurred solely by the deceased spouse BEFORE their marriage?


Asked on 9/29/10, 8:16 am

2 Answers from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

The surviving spouse is only liable for community debts but the estate of the deceased may be responsible for debts left.

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Answered on 10/04/10, 8:23 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Ms. Lucas is correct, but in layman's terms, it means that while you were married, 1/2 your income belonged to your husband, therefore it could have been garnished for his separate debts........once he died, there is no longer a community to which your income is responsible, so do not worry about his prior debts. Now, if you own things with him, and now with his succession, the part of those things that are owned with his succession could be responsible for his debts. See a good succession attorney if what you owned with him or what he gave you in the will are substantial.

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Answered on 10/04/10, 3:28 pm


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