Roderick C. Lopez | February 17, 2025 | Wrongful Death
Losing a spouse is already a tragic experience. On top of grief, you may be worried about the bills they left behind. You might wonder, “Am I now expected to pay my spouse’s debts?” In Texas, the answer can be complicated. State law, combined with certain financial agreements, determines who must handle money owed. Below is a simple overview to help you understand what might happen to your spouse’s debt after they pass away.
How Texas Law Treats Debt and Marriage
Texas is a community property state. That means most of the assets (and debts) gained during a marriage belong to both spouses. However, some debts may be treated differently than others. For example, if your spouse took out a personal loan before the marriage, it might be considered separate debt. On the other hand, a credit card used for shared living expenses might be seen as a community debt that the surviving spouse could owe.
The key question is often whether the debt was used for household needs or for something else. The more a debt is tied to your shared life, the more likely you could be held responsible. But not every debt automatically passes to you. Sometimes, the estate (your spouse’s property) might pay off the debt first.
The Role of the Estate
When your spouse dies, their estate is formed. The estate includes their bank accounts, house, and any other assets they owned alone or shared in the marriage. Typically, that estate is used to pay off debts. If there’s enough money in the estate, those funds might settle all of your spouse’s outstanding bills. The remainder, if any, would pass on to heirs.
If the estate does not have enough to cover all debts, some creditors might not get paid fully. Certain debts have priority (like funeral costs), while others might go unpaid. In that scenario, you aren’t automatically on the hook unless the debt is considered community or you’re a co-signer.
Joint Debts and Co-Signing
If you co-signed a loan or credit card agreement with your spouse, you likely share responsibility for that balance. This is because co-signing means you voluntarily agreed to pay if the other signer can’t. Even if your spouse has passed away, the creditor can still come to you for the remaining payments.
Being an authorized user on a credit card is not the same as co-signing. Authorized users can spend on the account, but they are not typically responsible for the debt if the main account holder dies. Creditors can’t force an authorized user to pay unless there’s another legal tie.
What About Medical Bills?
Medical debt can be tricky, especially in the event of a wrongful death. Usually, medical providers try to collect payment from the deceased’s estate. If these bills were for necessary expenses, they might be classified as community debt.
However, it’s often best to see if any health insurance, life insurance policies, or wrongful death claims can reduce or cover these bills first. You may want to speak with a lawyer to review the specific details, especially if large hospital bills are left behind.
Contact a Wrongful Death Lawyer for Legal Help
Understanding whether you’re on the hook for your late spouse’s debt can be confusing under Texas law. Community property rules, estate obligations, and specific agreements like co-signing can all play a part.
If you’re unsure about what you must pay, consider talking to a wrongful death lawyer. They can review your circumstances, explain which debts might be yours, and help you explore any legal claims related to your spouse’s passing. This guidance can bring peace of mind while you focus on healing and moving forward.
Contact the Laredo Wrongful Death Attorneys at Roderick C. Lopez Personal Injury Lawyers. Call Us at (956) 529-7336
If you need legal help in Laredo, TX, contact our Laredo wrongful death lawyers at Roderick C. Lopez Personal Injury Lawyers to schedule a free case review today.
We are located in Laredo, TX, proudly serving Webb County and surrounding areas. We are located in Laredo, Texas.
Roderick C. Lopez Personal Injury Lawyers
6557 Metro Court, Suite 1 Laredo, TX 78041
(956) 529-7336
