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 Post subject: Legal question
PostPosted: Tue Dec 26, 2017 9:09 pm 
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I recently paid a bill for dh but had forgotten how much he said it was. They said they couldn't give me that info because my name was not on the account. I said, won't i be responsible for it if he dies? (Common property state.) They said, well, yes, i probably would be. :roll:

I asked if a certain amount would be enuf and they said yes so i did pay the bill but now i'm really wondering if you can be held responsible for a bill/loan/whatever that you have nothing to do with? EVEN in a common property state?

How would i find out? I don't happen to know any attorneys.... or do i?


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 Post subject: Re: Legal question
PostPosted: Tue Dec 26, 2017 9:21 pm 
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Well, a quick google yields this:

https://www.nolo.com/legal-encyclopedia/do-i-pay-late-spouses-debts-i-live-community-property-state.html

"Common property state" is more Greek to me than actual Greek! (but from skimming the article, it looks likely that you'd owe the bill). But - if this is how the law is, how are your bills private from one another? :?

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 Post subject: Re: Legal question
PostPosted: Wed Dec 27, 2017 2:50 pm 
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Location: NE Central Texas
Sis I believe that when you husband dies, you are responsible for his debt, and it might depend on what state you live in .


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 Post subject: Re: Legal question
PostPosted: Wed Dec 27, 2017 5:18 pm 
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It depends, so really you'd need to talk to an estate lawyer for your state. There were bills in my dh's name that I wasn't personally responsible for. It came out of his estate. And then only if they petitioned the court for payment. (bank loan, motorcycle payment, credit card).

Joint accounts bearing your name, you are responsible for. Utilities have to be paid or they will be disconnected no matter whose name they are in.
Anything you co-signed for, you are responsible for paying off.


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 Post subject: Re: Legal question
PostPosted: Wed Dec 27, 2017 10:43 pm 
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Tory wrote:
It depends, so really you'd need to talk to an estate lawyer for your state. There were bills in my dh's name that I wasn't personally responsible for. It came out of his estate. And then only if they petitioned the court for payment. (bank loan, motorcycle payment, credit card).

Joint accounts bearing your name, you are responsible for. Utilities have to be paid or they will be disconnected no matter whose name they are in.
Anything you co-signed for, you are responsible for paying off.


Yes. I realize anything i've AGREED to i will be responsible for. But his private accounts for toys? :evil:

Are you in a community property state?


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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 6:31 pm 
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I think but I'm not positive. I know in a divorce a couple splits everything equal so I'm going to say yes.


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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 7:06 pm 
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The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )

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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 9:57 pm 
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Anna1111 wrote:
The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )


Doesn't cover my main question. Why, since i would be responsible for his debt, am i not allowed to know what that debt is until he dies?! :evil:


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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 10:55 pm 
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And THAT is a great question - but more a philosophical than legal one. On that one, I'd contact my state legislature & ask them to write a law that gives you access to that info - because you're absolutely right!

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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 11:01 pm 
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Sis wrote:
Anna1111 wrote:
The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )


Doesn't cover my main question. Why, since i would be responsible for his debt, am i not allowed to know what that debt is until he dies?! :evil:


Of course, practically speaking, your DH can sign a document giving you access to almost anything! (for instance, a General power of atty, or putting your name as a permitted person for info on his accounts, etc)

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