Avmom - re the credit cards - if you were an authorized user only on the credit cards, you shouldn't be liable for them. This was the case for me. It's worth it to check with a lawyer. Best of luck! Marsha

Avmom, do you live in one of the states? Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. If so, it looks like you are required to pay your husband's debts as long as he acquired the debt during the course of your marriage. Any debt he incurred before you were married you are not responsible for. I did quite a bit of research on this after my husband died , but we paid off our credit cards every month anyway, so it didn't really matter. His student loans however , are another matter. I am not responsible for those. I don't live in a community property state, though, but I don't think it matters with federal student loans.

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

My husband was a tax accountant and he always told me not to pay his credit card debt when he passed and I have not . they can sue me . I don't care . He told me very often that credit cards are unsecured and that's why they get to charge so much interest ?

Amyz, maybe, but if it's going to adversely affect her own credit rating for the future, I certainly wouldn't want to take that chance. A bad credit rating can haunt you for years to come. I live in Kentucky, though, so it's not a community property state. Big difference.

In the state of ok, if any debt is only in his name you are not liable. Same thing for medical bills, although you were married during the time he received medical care, same thing unless you signed the paperwork, you are not liable. Also you only have to file probate only if there is something in only his name, and you are not joint, such as car, home etc.. if you are signed as joint, then you file a survival affidavat, and probate may not have to happen.

No one here can give you the definitive answer to your questions - you need some legal advice from a lawyer. Don't panic though - you can get a short consultation with a lawyer to answer your questions for either free or low fee through your local bar association. In the US, just about every bar association has either a lawyer referral panel that will give you an hour's advice for free or low fee, or many have volunteer specialist subgroups for seniors (if you are over 55). In some states, the bar association's young lawyers are the ones who make up the freebie panels. The free panels are often called "pro bono" panels.

You can Google to find your local bar association, and often the answers you need will be on their website. Every State capital has a bar association, and most large cities have their own local chapter.

Over the years of this question coming up here, I have researched it for many folks, and often have found either the person's bar association or State website will have pamphlets which explain what you should do. It doesn't cost anything to check those first.

There are a number of reasons to notify the creditors, one of which is to make sure no one else steals your husband's identity or uses his accounts. There has been a stark rise in identity theft and fraud using the names, Social Security numbers, and financial accounts of deceased people. Crooks look through the obituaries looking for victims. I hope you have already notified Social Security of his death, as freezing his Social Security number and account is one of the ways to prevent it happening. If the SS number is not frozen, crooks can use it to open accounts and run up debts, and that creates a whole raft of problems. We have had more than one widow come through here who found out the hard way, usually when they went to file for their tax refunds or sell a house or apply for credit. It's a real shock to go to someplace like H&R Block and find out somebody else has already cashed your tax refund. Gruesome, isn't it?

How easy and straightforward it will be to transfer the title of the house or car, or other property, will in part depend on how it was held in the first place, and whether anyone else can lay a claim to it.

I would really urge you to get a brief hour's advice from a lawyer on this. It could save you a headache later....

Love and Hugs,
Martha