Am I Liable for the Business Debt of My Deceased Husband?
Full Question:
Answer:
Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse such as a bank account in both their names.
The executor named in the will (or administrator in the deceased died without a will) will be granted authority by the court in the probate process to handle the decedent's affairs, such as paying debts owed and distributing their assets. It is the executor's responsibility to collect and distribute the property of the decedent and pay the decedent's creditors.
A deceased's debts should be paid with the property in their estate (the property left at their death). Heirs don't inherit the decedent's debts unless they created a co-signor/guarantor/surety/joint account relationship to the debt so that the heir's name is on the debt also, and it isn't a separate debt Only after the debts are paid will the remaining assets be distributed among the beneficiaries of the will. Be advised that when an heir inherits property that is collateral for a debt -- for example, a car that is not paid for or a house with a mortgage -- the debt comes with the property.
Courts have held that property owned by husband and wife as tenants by the entireties may not be sold to satisfy the debt of only one spouse However, property held as joint tenants who are not tenants by the entireties, may be sold to satisfy the a sole debt of one owner, up to the amount of that debtor's equity in the property. The non-debtor owner will receive the balance of his share of equity in the property from the sale.
If there is insufficient money or assets to pay all creditors, then the estate must be divided up as equally as possible, with secured creditors receiving priority. This means that if the deceased died with little or no money in their accounts and didn't own a home, unsecured debt such as credit card debt will not be paid to the creditors.
The executor has a duty to act in a trustworthy and authorized manner in handling the estate of the decedent. If the executor acts outside the scope of his/her authority, in bad faith, or against the wishes of the decedent, the executor may be personally liable.
