Full question:
My husband left only annuities to me when he died. We did not have any joint properties, am I responsible for his debts?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Michigan
Answer:
Generally, debts solely in your spouse's name are considered debts of their estate. Creditors can file claims against the estate in probate court for payment. If there is no estate, most creditors will close the account upon receiving a death certificate. Once a death certificate is provided along with a letter stating there is no estate, creditors usually forgive the debt and write it off. In some cases, if a creditor persists, it may be necessary to file for an estate even if there are no assets to satisfy the creditor's requirement for proof of death.
If the annuities have a properly named beneficiary, the proceeds transfer directly to the heirs and avoid probate. Therefore, if there are no other assets like a car or property, a full probate proceeding may not be necessary. If the total gross estate is valued at $15,000 or less, the probate court may allow the property to be transferred to the surviving spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.