Responsibility for Credit Card Debt After the Death of a Spouse in Ohio

The sluggish economy in 2011 has led to difficult financial times for many families, and, in some cases, debts have piled up quickly. If your spouse passes away in the state of Ohio while still having outstanding credit card debts, the possible responsibility for that debt could create additional stress. In most cases, a surviving spouse is not liable for her husband's credit card debt when he passes. Instead, the assets of his estate should pay those debts in full. Credit card debt and death laws vary from one state to another, and community property laws can complicate the matter further. Ohio is not a community property state, however. Therefore, the spouse cannot be held liable unless she is a joint account holder or cosigner on the credit card debt.

Estate Responsibilities

When a person passes away in Ohio, a probate court process is used to help pay off all outstanding debts and ensure that property is distributed according to the terms of his will. The estate assets consist of real and personal property that is not exempt from the probate process. Real estate held solely in the husband's name, for example, or bank accounts not set up to pay to a specific beneficiary in the event of death are assets of the estate that can be used to pay off outstanding debts.

Spouse Liabilities

If a husband holds a joint debt account with the deceased spouse, which is often the case for credit card debts, the husband can be held responsible for paying off those credit card accounts after his wife passes away. If a wife cosigns a vehicle loan for her husband in Ohio, she could be held financially liable for the balance of that loan if he passes away.

Creditor Claims

When creditors have a claim against a decedent's estate in Ohio, the claim must be submitted to the estate executor in writing within six months of the death. If a credit card company or other creditor fails to submit its claim within the allotted time frame, the creditor is forever barred from being able to collect on that debt.

Insolvent Estates

When an estate does not have enough probate assets to cover their debts, the probate court in Ohio will declare the estate insolvent. If the surviving spouse gets harassed by credit card collectors because the estate was insolvent, the spouse can ask the probate lawyer to issue an official statement to the creditor asking it to remove the decedent's spouse from its files.