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Can I be responsible to pay off the debts of my deceased spouse in Illinois?

Author

Sophia Koch

Updated on February 06, 2026

In Illinois, the deceased person’s family is not responsible for their debt – but their estate is. The Fair Debt Collection Practices Act (FDCPA) says, “family members typically are not obligated to pay the debts of a deceased relative from their own assets.

Who pays the debts of a deceased person?

As a rule, a person’s debts do not go away when they die. Those debts are owed by and paid from the deceased person’s estate. By law, family members do not usually have to pay the debts of a deceased relative from their own money. If there isn’t enough money in the estate to cover the debt, it usually goes unpaid.

Is wife responsible for husband’s medical bills in Illinois?

Under Illinois law, a spouse is liable for all medical bills (doctor visits and/or hospitalization) when it was the other spouse who had the treatment. If wifey goes to the doctor and creates the charges, hubby is equally liable on the bill even if he didn’t authorize her to be his agent for the bill.

Is I responsible for my spouse’s bills under Illinois law?

Am I Responsible for My Spouse’s Bills Under Illinois Law? The Illinois Family Expense Act requires spouses to accept liability for each other’s debts if they occurred during the course of the marriage and were related to promoting the general welfare of the family.

Who is responsible if my husband owes back taxes and dies?

If the taxes were filed jointly, the surviving spouse may be held liable to pay them, and her spouse’s death will not change her tax liability. IRS debt and marriage can be a complicated matter.

Who is responsible for the deceased persons debt in Illinois?

While the beneficiaries or heirs of an estate are not personally liable for any debt obligations of the dead person, the debts will affect the amount that they will receive.

Can a surviving spouse claim back taxes from a deceased spouse?

Often, the deceased person’s spouse is an heir to the estate, and even though the IRS can try to claim some of the back taxes from the deceased person’s estate, the agency cannot obligate the surviving spouse to pay them. Therefore, back taxes can reduce the amount a surviving spouse receives…