Debt after death in community property state

[daylate]

Here is the situation. A spouse who is the only signer on loans/cc's, dies. Most of the debt he has had incurred in a non-community property state. Is the wife responsible for all the debt or only the part incurred in the community property state? If only part would a credit card balance be determined by a first in first out approach?

[AngelinaCatHub]

This is a tough question but read this link from Nolo press. It describes or implies that ONLY when you are together does the debt stand. Not being a lawyer myself, it is a bit confusing but may help you. I do think your needing a lawyer on this one.

http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html

'Hub

[ValleYum]

I found this:

<SNIP>

Community property states

Further complicating the financial and legal obligations for debts of a dead spouse is whether or not they live in a community property state. In community property states, most assets and debts accrued during a marriage are considered joint property. These states include:

• Alaska
• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

If a deceased spouse in one of these states has credit card debts, the remaining spouse may be liable for these debts, and if they're unpaid, that person's credit score and credit history may suffer.

As you can see, there are a lot of conditions and exceptions that apply to credit card debt for a deceased spouse, particularly as to whether or not an unpaid credit card debt affects the living spouse's credit score and history. This is dependent on such a wide range of factors that there are few universal rules. Be sure to consult a financial professional and/or an estate lawyer to determine what your obligations may be in your specific situation.

http://www.freescore.com/debt-after-death.aspx

That *almost* reads like it is where you actually die that determines the liability - not where the debt is incurred. Blergh- like losing your spouse isn't enough.