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"There's a priority in state law who can take over and administer your estate, particularly if you don't have a will," she said.

"Typically the first in line to do that is the spouse." See related: Same-sex marriage means joint custody of debt We encourage an active and insightful conversation among our users.

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Signing a joint return makes you potentially responsible for the entire amount -- even if you had no income.

"The IRS can come after both of you, or each of you separately," Cohen said.

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What will infuriate many joint account holders is to find out that divorce decrees don't eliminate joint debt.

For example, if a couple owns a vacation home together in a community property state, and one spouse passes away, the gain in value that the property achieved during the marriage resets.

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