Are you obligated to pay deceased spouse's medical bills and credit cards?

Are you obligated to pay deceased spouse's medical bills and credit cards?

Attorney Tom Olsen: Elizabeth, you're on news 96.5, go ahead.

Elizabeth: Good morning.

Attorney Tom Olsen: Hello.

Elizabeth: My husband passed away in November. We essentially had no assets, 25-year-old home furnishings, his clothing, I think $126 in the bank. What do I need to do to file a probate? He had a lot of medical bills and a lot of credit card debt as well.

Attorney Tom Olsen: Elizabeth, first of all, your furniture and clothing do not require probate. The bank account that you're speaking of, was it in his name only or joint with you?

Elizabeth: Joint.

Attorney Tom Olsen: While he was alive, you had access to that money, now that he's passed away, you still have access to that money. Elizabeth, this may be a situation where no probate is required. Therefore, if your husband had any creditors, doctors, hospitals, credit cards, those creditors are not going to have an opportunity to file a claim. They're not going to get paid, Elizabeth, unless you personally signed on the dotted line somewhere saying that you would be responsible for those bills.

Elizabeth: No, I did not do that.

Attorney Tom Olsen. Then Elizabeth, you can create a form letter that says this, "My husband's passed away. There's no estate, no probate, here's a copy of his death certificate. Don't write me anymore." Or you can simply take those letters and throw them away.

Elizabeth: Okay. [chuckles]

Attorney Tom Olsen: Anything else?

Elizabeth: In other words, I can stop worrying about him then.

Attorney Tom Olsen: You can definitely stop worrying about him Elizabeth, unless somehow they can sue you as well like it was a joint credit card or you took him to the doctor one time and you signed a form saying you'd be financially responsible for him.

Elizabeth: No, l didn't. His credit cards were his credit cards and mine were mine.

Attorney Tom Olsen: Then, you are not legally obligated to pay them Elizabeth