Q: Am I responsible for my deceased husband's judgement ?
My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?
A:
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.
As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important for someone to review the lawsuit paperwork to be sure, but if you are sure you were never named and not part of the lawsuit then the only way they can collect the debt is from your husband and his estate, since there is and was no probate done, it would appear that the debt is going to be uncollectable and that likely should be the end of the matter as far as you are concerned. Do not allow them to bully you or otherwise try to claim you are responsible if you were not somehow named. If for some reason a probate does become necessary and then is done, then they can make a claim against the estate, or if they are motivated enough, they can even pursue a probate themself (not likely for a creditor to do this).
Terrence H Thorgaard agrees with this answer
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.
