Am I Liable for My Husband's Debt After His Death in Maryland?

When your husband dies, he may leave his assets and property to you. However, you may wonder if you will inherit his debts as well. In Maryland, though creditors may ask you to make payments, they can't typically take legal action to collect your deceased husband's debt from you.

Claims Against the Estate

If your husband dies with unpaid debts, the administrator or executor of his estate must pay creditors before he can distribute any property to you or your husband's other heirs. If the administrator or executor runs out of liquid assets, he must sell the property in the estate to pay the remaining debt. If he sells all of the property in the estate and isn't able to pay all debts, the court considers the estate insolvent.

Community Property

Some states consider debts incurred during a marriage to be the property of both parties. In such states, a surviving spouse takes legal responsibility for her deceased husband's unpaid debts. If the deceased husband's estate is insolvent, creditors can seize the surviving spouse's assets and property. However, Maryland is not a community property state. If your husband dies in Maryland, creditors can't take legal action against you for debts that were in only his name.

Co-Signing

Though you aren't responsible for debt your husband incurred in his name only, the law is different if you co-signed for the debt. If you co-signed, you and your husband are equally responsible for the repayments. If you and your husband default on the debt before he dies, Maryland will allow creditors to file a claim against your husband's estate. If your husband dies and you default on the debt later, Maryland will allow creditors to take legal action to collect the debt from you.

Jointly Owned Property

In Maryland, property that you and your deceased husband owned jointly, and with the right of survivorship, passes to you without going through probate. Because the right of survivorship gives you full ownership of the property, no portion of it is part of your husband's estate. The executor can't sell it or transfer it to creditors, and creditors can't obtain a judgment to seize it.