Spouse May Have To Pay Outstanding Debts In Event Of Death

Following a death in the family, the last thing surviving loved ones think about is who will take care of outstanding bills such as credit card debt and mortgage payments.

However, in many states, the surviving spouse can have a responsibility to pay back this debt, due to community property laws.

These are currently enacted in some fashion in 10 states across the country, according to South Dakota news provider The Rapid City Journal. In states with these types of laws, the surviving spouse may need to sell assets or take out a new credit line in order to pay off these debts.

However, if the deceased dies without any assets, in many states, this debt does not have to be repaid, the news source says. Family members who still receive calls from creditors can send in a copy of a certified death certificate along with a letter explaining that there was no estate with which to pay the outstanding debt.

Individuals who face a death in the family may want to speak with an trusted estate attorney prior to taking any actions.