Debt after Death

[Everhelpful]

My friend's wife died leaving a lot of debt on Credit cards which he knew nothing about. Everything was in Her name but,my friend has been told He is liable for debts. Is this true? Many Thanks for any replies.

[bednobs]

the debts will come out of her estate, and will be taken out before any inhertance i think, so if she had any policies with death benefit or owened 1/2 a house etc then the creditors will be paid out of this money before the husband gets any

[Everhelpful]

Thanks for your reply,bednobs.

[themas]

He does not have any personal liability for her debts. If her estate does not have sufficient assets in it to pay the debts then they have to be written off. He must not be pressured by the creditors into paying them himself.

If she was part owner of a house and it was owned as a tenancy in common then the value of her part is included in her assets. If it was owned as a joint tenancy then her part automatically goes to the surviving joint owner and is not usually regarded as part of her assets. However, creditors could (if they knew about it and wanted to pursue it) present a bankruptcy petition against her estate which would enable them to get at the value.

[Everhelpful]

Thank you so much,themas.