Does a Surviving Spouse Pay the Credit Card of the Deceased?

Losing a spouse is difficult enough; dealing with debt left behind may be complicated and painful. Ideally, the assets in the deceased spouse's name will be enough to pay off all outstanding debt, but this may not be the case. Whether you have to pay the credit card out of your own assets depends on two factors: whether you were a co-signer on the card, and whether you live in a community property state.

Co-signing

Co-signing for a credit card means that you applied for a credit card with your deceased spouse. If the card was taken out by your deceased spouse and you were made an authorized user with a card in your name, you're not responsible for the debt unless you live in a community property state. If you're the executor of your deceased spouse's estate, you're also responsible, in the sense that if funds are available in your deceased spouse's name, you use those funds to pay off any outstanding debt, including credit cards.

Community Property States

There are nine community property states: California, Texas, Louisiana, Arizona, New Mexico, Washington, Idaho and Wisconsin; in Alaska, couples may choose whether to have community property or not. In community property states, any debt incurred and any money acquired is jointly owned, even if it's in one person's name. In these states, you're responsible for paying a deceased spouse's credit card debt with all available assets, even if the assets are in your name.

Fair Debt Collection Practices

The Fair Debt Collection Practices Act prevents debt collectors from treating consumers unfairly. If a debt collector is calling about a deceased spouse's credit card debt and it's not your responsibility, let him know your spouse is deceased and you don't want the collector to continue contacting you. Follow up by mailing a copy of your spouse's death certificate and a letter requesting the collector to cease contact; send it by certified mail. The Fair Debt Collection Practices Act requires debt collectors to honor cease-contact requests. If the debt is your responsibility, you may still ask them to stop contacting you. You may want to speak to them to set up a payment plan --- don't commit to any more than you can afford.

Recourse

Under the Fair Debt Collection Practices Act, you can't be harassed by a debt collector. Harassment includes being called repeatedly on the same day, being yelled at or threatened or being told you're going to be sued when the collector isn't planning to take action. Debt collectors also have to contact your lawyer if you have one. If you feel a debt collector has violated the Fair Debt Collection Practices Act in collecting a deceased spouse's debt, report the collector to your state attorney general's office and the Federal Trade Commission.