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That depends on the nature of the debt and the laws in your jurisdiction.

In a separate property state a person's estate is responsible for paying their debts. However, jointly owned property is usually protected from the debts of one spouse. Debts by one spouse need to be examined, for example, to determine if the goods or services benefitted both spouses.

In a community property state the surviving spouse is generally responsible since marital property and debts are shared. You need to consult with an attorney in your jurisdiction.

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12y ago

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