Wayne, WV asked in Probate for West Virginia

Q: My husband passed away 5 years ago. He had large hospital bills, if I stop paying them, can I be sued

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James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA

A: The responsibility for a deceased spouse's debts can vary significantly depending on where you live, as laws differ by state, especially between community property states and common law states. In community property states, you may be liable for your spouse's debts incurred during the marriage, while in common law states, you generally are not unless you co-signed the debt. Understanding your specific legal obligations in your state is crucial.

Consulting with a legal advisor knowledgeable about estate and debt laws in your state can provide clarity on your situation. They can offer guidance on your potential liability for your late husband's hospital bills and the legal repercussions of stopping payments. An attorney can also advise on ways to protect your assets and might suggest negotiating with the creditors or seeking a settlement.

Additionally, consider reaching out to a consumer protection agency or a non-profit credit counseling service. These organizations can offer resources and support, helping you navigate through your financial concerns. They may also assist in communicating with creditors to explore possible solutions, such as reducing the debt amount or establishing a more manageable payment plan. Staying informed and seeking professional guidance will empower you to make the best decision for your financial future.

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