Legal Question in Credit and Debt Law in Maryland

My husband died and left credit debt. I'm not on the accounts. He also left a boat that was not paid off, can the credit company take the boat and am I required to pay his debt in Maryland? I wont qualify to have the boat loan put in my name but have been making payments and they are ok with that.


Asked on 1/29/10, 12:04 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Hello. I am sorry to hear of your husband's passing. If your husband had personal debts and/or personal assets, you will need to open an estate. You should not bear responsibility for individual debt of your late spouse, although the Personal Representative (i.e., the person with legal authority to manage the estate) may need to sell off his assets to be sold to pay off his debt. If the credit company had a secured loan, they can repossess the boat if the loan is not paid off.

If there is not enough money to pay off all your husband's debts, the law prioritizes how his bills should get paid. As a surviving spouse, you have a right to a modest spousal allowance before unsecured creditors get paid. Funeral bills and probate taxes also have a higher priority than many debts. There are a number of legal requirements like posting notice to creditors and so forth that the personal representative needs to follow.

You may want to ask an attorney to review the details of your husband's estate and/or get help opening the estate. I hope that this helps point you in the right direction.

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Answered on 2/03/10, 1:07 pm


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