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Spouce's responsibility after husband's death .

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mellen44

Junior Member
What, is the name of your state (only U.S. law)? PA

I have advised my friend to see a lawer immediately , but now I'm curious . She married 6 yrs at the age of 40 to a man who was 50. She is an RN and employed full time with no debt . He owned 2 businesses, 3 houses, many vehicles m, and aybe more at the time of their marriage . Her name is on nothing . He has a grown daughter from a previous marriage . He told my friend that the daughter is sole heir to everything . My friend has been told that she has 1 week to vacate their home if he dies .

Recently, he lost the 2 businesses and is in much financial difficulty. He remortaged their home . She was not aware of it until he asked her to sign for a second remortage loan on another house that he owns . My friend has not signed or cosigned for any loans . Her credit rating is good .

He states that he has a will but refuses to show it to my friend ,if he does indeed have one .

He is under much stress and she fears for his health and that he may die . If he should die, what will she be responsible for since all property was gained before their marriage and her name isn't on anything ? Or would his daughter be responsible for his debt as his sole benifactor ?

Besides seeing a lawyer , how should she protect herself ?

thank you
 
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seniorjudge

Senior Member
Q: Besides seeing a lawyer , how should she protect herself .

A: You need that lawyer immediately and do not sign anything.
 

Dandy Don

Senior Member
She should be consulting with a probate attorney. She may be entitled to a certain portion of his estate automatically as his surviving spouse, and if she finds out what she is entitled to now, her attorney can send a letter about this to her husband so that he can consider revising his will if necessary to leave her something. The fact that he is having financial problems means that there might or might not be much of an estate left, but the fact that he won't let her see the will is somewhat suspicious and implies that he is disinheriting her if the daughter is the sole beneficiary.

If there are enough assets in the estate, the ESTATE, not the spouse, will be responsible for paying any debts.

DANDY DON IN OKLAHOMA ([email protected])
 
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mellen44

Junior Member
Spouce's responsibility after husband's debt

My friend was told by her husband that his daughter is his sole heir , so whether she sees the will or not she believes that .

Her fear is that if his debt would be in excess of his estate , would she be responsible for that debt ?
 

Dandy Don

Senior Member
She has NOTHING to worry about. Operating in fear does not accomplish anything. The daughter and her attorney can review the estate assets and debts after the death to see how everything works out and whether there is enough left over for her to inherit. If there are still oustanding debts, NO ONE pays anything because the estate has run out of funds and the wife CAN NOT BE HELD PERSONALLY LIABLE. Any good probate attorney will tell her that. Isn't the wife mad because her husband is not leaving her anything?
 

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