Legal Question in Credit and Debt Law in Nevada
My wife died. Am I responsible for her debt prior to marriage
1 Answer from Attorneys
There is a specific Nevada statute directly on point here: NRS 123.050 "Neither the separate property of a spouse nor the spouse�s share of the community property is liable for the debts of the other spouse contracted before the marriage."
If the debt was incurred before marriage, your property is not subject to lien, levy or judgment to satisfy that debt. If, however, it may be argued that you assumed such debt by making payments during the marriage or otherwise accepting responsibility for it, there is a strong argument that you should be held liable for the debt. If the amount is not very substantial, most creditors easily forgive debts upon death when informed there is any kind of legal obstacle to their collection. I would suggest a letter to the creditor stating that she died without significant assets and that no formal probate is to be conducted, quoting the Nevada statute, and stating that you hope the balance will be forgiven. Include a copy of her death certificate and they likely will drop any collection efforts.
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