Is a surviving spouse responsible for deceased spouse's debts? (spouses, community, state)

[wheatpenny]

My Dad died recently and left some existing debts for dentures and hearing aids (Care Credit payment plan). Is my Mom responsible for these debts? He didn't incur any medical bills, but I wonder if that is considered a debt that the surviving spouse is responsible for?

[North Beach Person]

Maybe. It would certainly be a debt against his estate.

[Mircea]

Originally Posted by wheatpenny

My Dad died recently and left some existing debts for dentures and hearing aids (Care Credit payment plan). Is my Mom responsible for these debts?

Were they joint accounts?

Your mother is responsible only for her own debts, and those debts in which she was a co-signor.

Do your mother a favor and you notify Care Credit or whomever that your father is deceased.

[rjm1cc]

From what you said no she is not. Notify the creditor of his death and I would send a death certificate or a copy of one to them.

[lenora]

It is state specific. In what state does your mother reside?

[NoMoreSnowForMe]

^^^^ Yes, if the state she lives in is a community property state, she will have to pay his debts. Or file bankruptcy, if it's worth it to her. If it's not, then no.

Do I have to pay my late spouse's debts if I live in a community property state? | Nolo.com

I disagree with the part of the above article regarding being judgment proof. I found this out the hard way. Even if your income cannot be collected from in a garnishment, etc., the creditor can still get a judgment on your credit report, which can ruin your credit. If paying the debt is not an option, bankruptcy is the way to go, so the credit can be repaired in just a few years. Whereas a judgment can last 10 years and be renewed.