If my spouse died with debt, but I did not incur the debt am I liable in probate?

No.  That is no no no.  There is an article in the Wall Street Journal that discusses this problem and has an example from a grieving spouse in Cape Coral, Florida.  It is a good article and you should read it.  The link is here:


There is a growing problem that I want you, the spouse of a loved one who has died, to understand.  If your husband or wife dies, and you did not incur the obligation (example below) then on the death of your husband or wife, their debt dies with them.  You are not personally obligated to pay the debt – period.  The Wall Street Journal points out a growing problem that is caused by aggressive creditors. 

The creditors will (1) try to trick you into believing that you owe the money, (2) try to guilt you into believing that you owe the money, (3) try to harass you into paying the money.

What does it mean to incur the obligation?  For example, your husband signed a contract with a credit card company, but you did not sign anything.  Now your husband dies and he owed $15,000.00 on the credit card.  You are not responsible for that money.  A ruthless creditor may try to talk you into making payments or signing something making you legally obligated to pay the debt.  Do not do it.  For more information contact Florida Bar Board Certified wills, trusts and estates expert Linde Law Group today!

Matthew A. Linde
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