Possibly.
The estate of the deceased was responsible for paying the debts of the deceased before anybody would get their inheritances. However, if the estate had no assets then the creditors would be out of luck.
If all the decedent's assets were owned jointly with right of survivorship or had beneficiary designations then those assets would not be part of the estate.
However, if the decedent owned any assets in his own name, they would have to have been used to pay his debts. If the spouse took those assets without addressing the debts of the deceased then, yes, she could be held responsible for those debts.
The statute of limitations in NJ is 6 years so the lawsuit was filed within the deadline.
I suggest that the spouse consult an attorney regarding the lawsuit.
