Legal Question in Credit and Debt Law in Virginia

Debt of deceased

Is widow responsible for intestate husband's debt of loan only in his name? Only house and car in joint names. No other assets for deceased.


Asked on 1/27/09, 7:46 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Debt of deceased

NO! But that won't stop debt collectors from harassing you. They will try to tell you that the widow is responsible.

However, there are some exceptions...

The lender is entitled to get paid out of whatever assets the deceased husband had before it is inherited by someone else.

They do not have the right to demand payment from the widow.

But they may have the right to make demand on the deceased husband's assets BEFORE the widow can inherit what is left.

Since the husband owned 1/2 of the house and 1/2 of the car, the lender MAY have a claim on the husband's half of those assets.

But often those are transferred by the deed, if they are held as joint tenants by right of survivorship. So it depends on how the deeds and title are written.

Also, if the money that the husband borrowed was used by both husband and wife, they might be able to collect to the extent that the widow consumed the money, but they would have to prove the split which would be hard.

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Answered on 1/27/09, 8:06 pm


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