Spouse Passed Away During Separation/Divorce

[Gunnrich]

Washington State

My wife passed away one week before our Settlement Hearing. I filed Pro Se, and she had an attorney. Her laywer is now pursuing me for her unpaid balance of $5K.

I view those costs as Separate Debt, incurred by her after our physical separation, under her name alone.

There were non-probate assets I've used to pay down as much community debt as possible, the few other remaining assets she had (car, household items) have been passed onto our children (17yo, 25yo).

Can I be legally held responsible for those attorney fees?

 

[Zigner]

Well, since you likely improperly disposed of her assets, I would say you can, and should, be held responsible.

 

[single317dad]

So you want her liabilities to be hers alone, but you want her assets to be yours to do with as you please? That's what we call "having it both ways."

 

[Zigner]

So you want her liabilities to be hers alone, but you want her assets to be yours to do with as you please? That's what we call "having it both ways."

Or, halving it both ways

 

[Gunnrich]

No - not that at all.

I've taken responsibility for over $150K in unsecured community debt. Death benefits were about $60K, all of which I used to pay down community debt, 1:1.

I'm trying to understand when is separate debt, really separate debt.

Does her passing, sad as the circumstances have been, immediately make separate debt community debt?

That's what you're saying, isn't it?

 

[single317dad]

No - not that at all.

I've taken responsibility for over $150K in unsecured community debt. Death benefits were about $60K, all of which I used to pay down community debt, 1:1.

I'm trying to understand when is separate debt, really separate debt.

Does her passing, sad as the circumstances have been, immediately make separate debt community debt?

That's what you're saying, isn't it?

Even if it isn't community debt, her separate debt is owed by her estate. That's you.

 

[ecmst12]

You were still married, so there is no separate anything.

 

[Gunnrich]

Really feeling like a Junior Member

No, what you said does make perfect sense. I'm not looking to avoid, but to understand. I appreciate your solid logic.

 

[Gunnrich]

I suppose I should be happy she didn't buy a house, and a boat, and a car, airplane, vacation villa, etc, etc....

 

[Gunnrich]

Gents,

I want to thank you for your time, and advice. I suppose I should pick up the phone and call her atty to make arrangements to pay.

Alternatively (NOT that I'll be pursuing), what would the firm's options be, if there is no ability to pay (ref: remaining unsecured debt obligation, raising a son on my own)? Would they simply file a lien against secured community assets (i.e., residence)?

Just looking to all possible avenues, I suppose.

Awaiting your response, I promise NOT to punch anyone in their junk

 

[Ohiogal]

Gents,

I want to thank you for your time, and advice. I suppose I should pick up the phone and call her atty to make arrangements to pay.

Alternatively (NOT that I'll be pursuing), what would the firm's options be, if there is no ability to pay (ref: remaining unsecured debt obligation, raising a son on my own)? Would they simply file a lien against secured community assets (i.e., residence)?

Just looking to all possible avenues, I suppose.

Awaiting your response, I promise NOT to punch anyone in their junk

You have a major issue in that her estate didn't go through probate and there was probably items that needed to be probated. That is a major issue you have because you could find that you illegally disposed of assets that you had no right to dispose of. If you don't pay, you could find yourself facing legal ramifications due to illegally disposing of your wife's assets.

 

[tranquility]

How did you pass the car? In my state, you can transfer a vehicle owned at death without probate but by affidavit. Did you sign such an affidavit? If you did, you should read what it said.

http://www.dol.wa.gov/forms/420041.pdf

 

[Zigner]

How did you pass the car? In my state, you can transfer a vehicle owned at death without probate but by affidavit. Did you sign such an affidavit? If you did, you should read what it said.

http://www.dol.wa.gov/forms/420041.pdf

One of the certifications required on that form reads (in part) as follows:

...The deceased left no estate necessitating administration,...

That's not the case here.

 

[Gunnrich]

I've replied to this thread with a rather lengthy response, but haven't seen it posted yet.

Moderator?

 

[Gunnrich]

Background (sorry if this reply has multiple postings - working my way through the tool):

Nov 2011 - physical separation of residences. 5 years of drug/alcohol abuse, me mentoring, supporting, sponsoring. When I found out she was doing these things while driving with my son (15 at the time), it was the end.
Mar 2012 - I filed Pro Se, we felt we could work through the process ourselves.
Jun 2012 - we sell a piece of property together, 50/50 split on net proceeds. Two days before our hearing, I get a call from her atty - hearing cancelled.
Oct 2012 - two hours before our Settlement Hearing, her atty calls me - she had to take my spouse to in-patient care - hearing cancelled.
Nov 2012 - 1 week before our rescheduled hearing, my spouse is found dead in her car - accidental death, prescription drugs and alcohol.

Thanks for letting me get that off of my chest - more value to me, than proabably you...

Her estate at the time, was about $2K in checking, which I used to pay her past due utilities and rent (her son, our stepson was living with her)

Her car is still in our possession (thanks for the WADOL links and advice), but we're looking to sell it. My name is also on the clear title. Proceeds are simply going to the kids (stepson expecting a child).

I've taken on all community debt, used non-probate assets (death benefits) to pay down that debt, but much still remains.

Everyone has been paid, or is being paid, except $5K in "separate" atty debt (but we've covered that already). I would add that her atty had already been paid $10K from the net proceeds.

Everything I've researched suggests that with such few assets, letters of admin, testamentary, or probate was not necessary.