Saturday, July 13, 2002

Is the Wife Responsible for Her Husband's Credit Card Debt After He Dies?

Dealing with the death of a loved one can be traumatic. When it's your husband who died, things may seem worse because you must deal with the paperwork and legalities on your own. Getting contacted by a collection agency about your husband's credit card debt may add stress. However, there are some cases in which the wife is responsible for her husband's credit card debt after his death

Joint Account

    If you and your husband had joint credit card accounts, both of you are signers on those accounts and both are legally responsible for repaying them. If your husband held credit card accounts in his name only, whether you are responsible for paying off those debts depends on the state in which you live and what happens in probate court.

Authorized User

    If your husband held credit card accounts you were allowed to use as an authorized user, you may not be responsible for paying those after his death. Authorized users are allowed to use a credit card or account, but they are not legally liable as a co-signer or joint account holder is.

Community Property

    If you live in one of the 10 community property states, you may be responsible for repaying your husband's credit card debt regardless of whether you were a joint account holder. In community property states, all assets and all liabilities are jointly held by both husband and wife as a unit instead of individually.

Probate Court

    The probate court process generally takes stock of all secured and unsecured assets plus all outstanding debts. It liquidates assets as needed to pay off the debts. Sometimes a secured asset, such as a home or car, is sold to help pay off unsecured debts, such as credit card balances. This process ensures the deceased person's estate pays off his debts instead of his wife being responsible. If the estate is not worth enough to cover all of the debts, in some states, the debt is written off.

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