[WSBAPT] Deceased spouse's debt - separate or community?

[Jane Bitz]

Dalynne:

I think that your characterization of the debt is correct, but there are inherent proof problems with this scenario. Regardless of the characterization of the debts, you should consider notifying all the creditors and then filing a Petition for Spousal Support under RCW 11.54.010, et. seq. for the surviving spouse. Because of the circumstances, you probably have the facts to support an increase in the basic award to her so that she can keep the house and not pay these debts. Note that a decision in her favor by the Court wipes out all debts, including community debts of the decedent and the surviving spouse.

Jane Bitz.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Monday, January 29, 2018 8:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deceased spouse's debt - separate or community?

I have an estate opened for a death of husband.  We have published the Notice to Creditors and it has been shocking to the widow (Mrs.) of the creditor's claims for debts her husband had that she did not know about.  I am trying to make a determination on separate debt v. community debt.  I have done some research and here is what I have concluded - correct?


  1.  If debt was incurred during marriage by the husband w/o the consent or any part of the debt for the wife, it is his separate debt.
  2.  If debt was incurred during marriage as in #1, but debt was accumulated to the benefit of the community, it is community debt.  Example, bought a car and the car is now with the wife after his death.
  3.  If debt was incurred as a "family expense", then it is enforced against the separate property of decedent - does this include medical expenses of the husband?

Quite a bit of the bills are for credit cards and medical treatment of the husband prior to death (unrelated to death).
One if for a personal non-secured loan for which the wife has no idea what the money was used for.
There is a community property home with no mortgage.  Very little cash and no pension.

The wife's income will not support paying all of this debt and she will be forced to sell her home.

Thanks.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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