Legal Question in Credit and Debt Law in New Jersey

Re: responsibility on death

Generally, spouses are not responsible for debts of the other spouse. The main exception is for medical bills under what is called the "doctrine of necessaries," where the creditor can seek payment from the spouse. Apart from that exception, your father-in-law's debts are owed only by his estate.

As a side note, if there are assets in your father-in-law's estate to pay some, but not all, creditors, it is important that the estate be declared insolvent by a court. Contact me for further assistance.

Re: responsibility on death

The credit card debt is personal to your father-in-law. It does not become an obligation of your mother-in-law, but it is a debt of the estate. So, it will get priority in payment in the order set by the NJ estate laws. If the assets of the estate are insufficient, the credit card company will not be fully paid.

Because of this large debt, your mother-in-law will probably want to seek the assistance of a lawyer to look over the assets and protect the interests of whoever is closing the affairs of the estate. She may know a lawyer who can help. If not, she can give me a call.

See also: http://info.corbettlaw.net/lawguru.htm

Re: responsibility on death

The credit card debt is personal to your father-in-law. It does not become an obligation of your mother-in-law, but it is a debt of the estate. So, it will get priority in payment in the order set by the NJ estate laws. If the assets of the estate are insufficient, the credit card company will not be fully paid.

Because of this large debt, your mother-in-law will probably want to seek the assistance of a lawyer to look over the assets and protect the interests of whoever is closing the affairs of the estate. She may know a lawyer who can help. If not, she can give me a call.

See also: http://info.corbettlaw.net/lawguru.htm