Legal Question in Credit and Debt Law in Pennsylvania

You are not liable for your wife's debts directly. You may be indirectly liable. It depends on the kind of debt and what probate assets your wife had.

You say your wife died about a year ago. Was an estate probated for her? What assets did she own and how were they titled? What kinds of debts are these? Credit card? Or medical debt?

If an estate was probated, then creditors would have to be notified and claims filed with the estate. After the claims period closes, then the personal representative pays the claims that are timely filed provided there is enough assets in the probate estate to do so. If there is not enough assets, then claims are paid in order of priority.

If there are no probate assets and we are talking about credit card or personal loan debt that is just in your wife's name, then you need not probate an estate. However, in such case, I would send certified letters to each of the creditors explaining that your wife had the credit card or other debt, that you are not liable for your wife's debts, that she died (include a copy of her death certificate), that she owned no probate assets and that you are not probating an estate. Ask the creditors to close the account and write off the bad debt and to advise you of any action.

If there are no probate assets and this is something like medical debt, then you are going to be responsible for it maybe. I have not seen any documents so I cannot conclude for sure. In that case, I would suggest you go and talk to a local probate attorney.

However, it would appear that any claims would be barred within one (1) year after death.

See below statutes.

20 Pa.C.S.A. � 3383. Statutes of limitations; claims not barred at death

The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which otherwise would be barred within one year after the death of the decedent shall not be barred until the expiration of one year after his death. Nothing in this section shall be construed to shorten the period which would have been allowed by any applicable statute of limitations if the decedent had continued to live.

20 Pa.C.S.A. � 3385 Limitation upon claims

All claims against the decedent, subject only to the provisions of section 3381 of this code (relating to liens and charges existing at death not impaired) and section 3382 of this code (relating to judgments which are liens at death), shall become unenforceable after one year from the decedent's death against a bona fide grantee of, or holder of a lien on, real property of the decedent who has acquired his interest for value from or through those entitled to the property by will or by intestacy, either:

(1) more than one year after the death of the decedent and when no letters issued in the Commonwealth upon the decedent's estate were in effect; or

(2) within such year if no letters upon the decedent's estate have been issued in the Commonwealth during that year.

Nothing in this section shall be construed to limit the right of a personal representative subsequently appointed to recover from the heir or devisee the value of property so sold or encumbered.