Legal Question in Wills and Trusts in Ohio
My wife passed away and left a huge amount of debt in her name. What am I responsible for if I did not sign for any of it?
1 Answer from Attorneys
The answer depends on what type of debt your wife left, and whether she had a will or a living trust. If the debt is for what is considered your wife's necessaries, then you may be held responsible for that debt. The law of Ohio and most if not all states, requires a spouse to pay the necessaries of his or her spouse. If your wife had an estate that passed through probate either under a will or by state law called intestate succession if she had no will, then the probate estate assets will be applied to settle her debts. The creditor may pursue you for the balance. If she left a trust, then Ohio law protects the trust assets from her creditor claims, but you may still be held responsible for debts for necessaries. It is best to consult a qualified lawyer to determine if her debts constitute "necessaries" under state law.
Related Questions & Answers
-
Must an estate attorney be used when settling a trust. Asked 4/04/13, 8:37 am in United States Ohio Probate, Trusts, Wills & Estates