QUESTION
What are his options are if any, regarding his deceased wife’s debts?
Asked on Oct 30th, 2016 on Bankruptcy - Florida
More details to this question:
My aunt and uncle have been separated since 1989 and happen to live in different states. My uncle never filed for divorce because he is on a fixed income and could not afford it. My aunt just passed away and has two credit cards that my uncle may be co-applicant on. He does not have the cards and has never charged on them. One of the cards is from a chain of department stores. I called them and was informed that my uncle will be responsible if he is a co-applicant. It does not matter how long they have been separated. He is almost 80 years old and cannot afford to get stuck with her debt and has no recollection of signing for the cards.
1 ANSWER
Erik Brito Espinosa
It is best to contact an attorney directly about his specific circumstances, but being "responsible" for the debt and being required to pay it are different things. Even if the credit card company were to spend the time and money to bill him, file suit against him, get a judgment and then try to go after him for the money. they likely wouldn't be able to collect a penny if he is only on a fixed income and has no significant assets. State and federal laws protect certain income and assets from garnishment from creditors.
Answered on Nov 30th, 2016 at 4:30 PM