Legal Question in Wills and Trusts in North Carolina

Zip. Zero. Nada. At least in terms of being directly responsible. This assumes that your husband has things like credit card or personal loan debt. Different rule for medical debts.

If your husband died, then an estate would be probated for him. Any debts would become claims against your husband's estate. This assumes of course that your husband will have an estate. If you own the house jointly with your husband then it would pass to you by operation of law outside of probate. If you own a bank account jonitly with your husband, same thing - that money would pass to you. If there is little or no money in your husband's probate estate, then claims have to be paid in order of priority. Usually family allowances come first (the family gets $3500). Funeral expenses, federal and state taxes and then medical bills come next. Once the money runs out, it runs out and you are not directly liable. The only exception would be for medical expenses incurred by your spouse. While the creditor would first look to your husband's estate for payment, if there is no money in the estate then they may look to you for payment. But for most other debts you would not be directly liable. If there are no assets even justifying probate, then all that you would do is send the creditors a certified letter explaining that your husband had an account, that he died (you would attach a copy of a death certificate) and that there are no assets justifying probate so there will be no estate. You would advise that you are not responsible for your husband's debts.

However, your husband needs help in resolving this debt so he does not leave you destitute with a mess on your hands. I specialize in managing and resolving debt. Have your husband contact me at [email protected] if he is interested. If I know more about your situation, I may be able to help or at least give you both some pointers..