Q: Husband died, no will or estate. Uncontested. No debt in my name. Am I responsible for debt? Do I need to probate?
He had no assets, but some credit card debt and a truck loan. My name is not on any of his cards or loan. Only thing in both names is the deed to our house. Mortgage is in my name only. He has 2 life insurance policies which together total under $50,000.
A: You should seek the advice of a probate attorney. The answer to your question might depend on whether you and your husband owned the house as joint tenants with survivorship or as tenants and common. If you are an obligor on the indebtedness secured by the house, you would be liable pursuant to the terms of the loan. Whether you need to have a probate proceeding and whether you are responsible for other debts of your husband are different questions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
