Legal Question in Credit and Debt Law in Pennsylvania

Indirect yes, but not directly. Let me explain. Assuming that your home is owned as a tenancy-by-the-entireties (i.e. as husband and wife), then the house will automatically pass to the surviving spouse as of the minute of death. So if you have a crystal ball and know that you are going to die first, the house would be safe. However, any creditors would be able to file claims against your estate.

You claim you own nothing else - no cars, land, bank accounts or anything else of value? If that truly is the case and you own nothing, there is nothing to probate and creditors have to go pound sand as there is nothing to get. If you do have probate assets which exceed the amount of the family exemption and priority funeral expenses, then the rule is that creditors must be paid before the heirs or beneficiaries receive anything (assuming claims are properly and timely filed). So if there are probate assets over a certain amount, then the creditor would be paid from your estate.

May i suggest more reasonable alternatives? If your home is paid for, how old are you? Have you considered getting a reverse mortgage? What is your income level? Would you, within a reasonable amount of time, be able to accumulate sufficient funds to settle the debt for something less than what is owed?

What is your age? Will you be needing credit? How long has it been since you stopped paying? What is the likelihood of a lawsuit being filed against you now while you are alive? Any judgments will become liens and attach automatically to the property if you are still alive.

Who is the debt with? There are some creditors who never sue. There are some creditors who are quick to sue. And there are some creditors who, while they will not sue, will sell the debt to a junk debt buyer who will do so.

Rather than bury your head in the sand, why don't you be proactive and try to do something about this now instead of leaving your family a mess when you die? If you want to discuss your options, you can check out various articles I have written at my website at www.rachelhunterlaw.com. If you would like a phone consult, I charge $75 for a 30-minute phone consult. Consults purely by email are free. Please contact me at [email protected] if interested in seeing how I can help you.