When a spouse dies do you have to pay his debts?
August 21st, 2010 | 
Author: My spouse died June 3rd from pancreatic cancer. we have separate credit cards in our own names etc…I got a letter from his credit card company stating that who ever is taking over his estate has to pay his bill. I am living in the house because it’s in both names. Do I have to pay his bill even though my name isn’t own his credit company even though I am his spouse?
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If your the executor of his estate, as you most likely are, then yes you will be responsible to pay for his debts FROM any or all estate assets. Assets that you held in your name only MAY be protected from creditors.
If the house was jointly owned then creditors will have a right to put a lien on the house for 1/2 of the value of the house, if necessary. As for any other assets held jointly 1/2 of their value will also belong in his estate.(Checking, savings, etc) If assets were held in trust(sounds unlikely) then you have another whole different situation.
Please see a qualified attorney in your area. Estate and trust law varies from state to state and this forum is not appropriate for anything more complicated beyond cashing in banking accounts and life insurance proceeds to pay off or retire debts of the estate.
You need a lawyer on this one–go to a legal clinic.
His bill has to be paid from his estate, which normally wouldn’t include a house in joint names as that now belongs to you. His estate is money he had in the bank, savings accounts, life assurance policies etc. As spouse, you are only entitled to inherit what is left after his bills are paid. If he had absolutely no other assets or savings, the debts die with him. It is the job of executor to pay the bills outstanding. If that is you, take some advice so you know what to do. If it is someone else, let that person handle it.