HOW PRE-NUPS AFFECT DEBTS OF DECEASED


(Los Angeles, California)

If a California couple had a pre-nup agreement, does that absolve one spouse from having to pay the debts of his or her deceased spouse?

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Apr 13, 2011
 Prenup and Debts of Deceased
by: debtcollectionanswers.com

I am not an attorney so I cannot give you a definitive answer. Generally speaking, in community property states like California, debts incurred by one spouse during a marriage are the obligation of both spouses; however, I do not know the details of your prenuptial agreement, which may affect whether or not you are responsible for paying all or some of any debts that were owed when your spouse died and that were not paid during the probate process. I recommend that you contact a probate attorney in your state so you can clarify your obligations.

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