Call Us Now 215-790-1095
19 Oct, 2015

Can I avoid my deceased husband’s creditors by not opening his estate?

From our “Ask a Question” Mailbag: Avoiding Probate in Burlington County

Most Recently Updated July 31, 2018.

“My husband died a resident of Burlington County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying a bank had issued a statement and proof of claim against my husband’s estate and requesting immediate payment in full. It is addressed to his estate, but came in the mail to me. What should I do?”

Jointly Owned Property with Children

Avoiding Probate in Burlington County

Avoiding Probate in Burlington County

When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will. The assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate this way does not mean that your husband avoided his creditors.

If you are not responsible for the debt yourself, then creditors cannot legally pursue you for payment as the wife, regardless of what a debt collector might say when trying to convince you. However, they can ask that the payment be made from his share of the joint accounts.

To enforce this claim, though, they will have to retain a probate attorney to open the estate as an unpaid creditor and then pursue the joint asset. This is an expensive process, so unless the debt is large, they will likely not pursue the claim. However, if they were successful, those funds would likely come out of the joint account and they will likely seek attorney’s fees for having to pursue their claim.

More Probate Questions?

Avoiding Probate in Burlington County is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Avoiding Probate in Burlington County

I hope that this article was helpful in explaining Avoiding Probate in Burlington County. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags: Avoiding Probate, Burlington County, creditor claims, New Jersey, Probate, Probate Attorney, Probate Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Marc Lezzi

Klenk Law was professional in every way. I have already recommended your services to a couple of friends and business associates. I want to personally say "thank you" to the entire staff at Klenk Law.

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Klenk Law Logo
Stars

Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

Klenk Law Logo
Stars

Bill Kelly

I had a very good experience with Klenk Law Estate Planning group. The process was efficient, with excellent communication throughout at a reasonable cost. I highly recommend Peter Klenk and his team for your Estate Planning needs.

Klenk Law Logo
Stars

Chris Benson

My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law

Let us put our expertise to work for you.

Free consultation within 24 hours.