Thursday, August 6, 2009

If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Note: the spouse is not co-owner of the card



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

His estate is responsible for paying the debts.



In community property states, half of everything the couple owns is part of his estate, and the other half of everything they own is hers. If he dies, half of everything they own could go to creditors.



In most other states, a married couple can own property both jointly and as individuals, with separate bank accounts, etc. If he dies, his individual property and half of any jointly owned property must be used to settle his estate. The spouse%26#039;s property (separate bank accounts, etc.) remains hers and is not used to settle his individual debts.



Structure your affairs properly, and the surviving spouse doesn%26#039;t have to go into poverty paying off the deceased spouse%26#039;s debts.



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

his estate pays all bills. so if you get his estate, you pay the bills.



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

next of kin as stated on the will



or the beneficiary of the will



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Yes. Unless there are state laws out there that I am unaware of, the closest relative is responsible for all debt incurred by the individual!



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

The responsibility falls to the estate of the person who has died. The spouse should contact a probate attorney in the area, bring a will if there is one, a copy of all credit card bills, mortgage notes, life insurance policies, bank account (even if joint) etc, to the probate attorney who will request the estate be opened with the probate court. The estate is then responsible to pay the debt. If the estate does not have enough money, then there are several ways to go about taking care of that (which I won%26#039;t go into here...)... Feel free to contact me if you have more specific questions. I am a probate paralegal in CT so I can answer some more questions if you have them. Good luck



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

I believe what you are saying is that if let%26#039;s say the wife owns the credit card and gets married and then she dies is the husband responsible? Yes in some cases he would be in some states. If it was used for purchases for the home and the credit card company wanted their money they could prove that or ask for those items back to resolve the bill. However some credit cards have protection for the other spouse when they purchase different types of insurance. If there is a pre-nup than it is what it is in the papers. In California State most situations would state that you would still need to resolve the loan ammount unless you make arrangments with the creditor and in most cases they will.



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Yes, once you are married, you inherit each others%26#039; bills. I know it doesn%26#039;t sound fair. Check to see if the spouse has insurance {credit card protection} on the account. if, so, you should not be liable for any of it.



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Ya. Cause no one eale will pay for it. His wife is the closest thing to him



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Actually, the closest relative is not necessarily responsible, UNLESS they are a spouse. Most states have %26quot;community property%26quot; laws that say that spouses share all their property, which I think would include debt. However, my dad did not inherit my grandfather%26#039;s credit card debt (although the creditors got first crack at his estate, there was not enough to cover it).



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

Not if the spouse is not named on the account for the purposes of obtaining credit. If there is money left in the estate, the estate is responsible to clear the debt. If there is not enough money, or no money left to pay the bill....contact the lender to explain the situation and fax them a copy of the death certificate. They will either write off the debt, try to legally attach any assets left in the person%26#039;s name (doubtful), or accept a partial payment as settlement in full. If they accept a reduced payment in full make sure you GET IT IN WRITING before you send them a nickel! NEVER give a creditor electronic access to your bank account for any reason! Check out www.daveramsey.com for more information.



If a person dies and has debt on his own credit card, is the spouse responsible for that debt?

If you left no money, then the wife is not responsible.



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