Legal Question in Wills and Trusts in Maryland

Hello. If the cars were titled only in his name, they are probate property and must be used to pay estate expenses and/or your late husband's debts. However, there is a small allowance that Maryland gives to a spouse before the general creditors get paid which should help you. Coupled with the allowed funeral expenses, this will not likely leave anything in the estate to pay your late husband's debts.

Since the estate is insolvent (that is, it doesn't have enough money to pay everyone) the law requires you to pay debts in the following order:

First, fees to the Register of Wills and any costs/expenses of the administration;

Second, Funeral expenses of $5,000

Third, a Family allowance for the spouse (you) of $5,000 (if minor children, they have an allowance also of $2500)

Fourth, taxes owed by your late husband

Fifth, other claims (note that there is a priority for these claims too)

You may want to consult with an attorney about the specifics of this estate. You may not have needed to pay the medical bills out of your personal funds. I hope that you find the above helpful.