QUESTION
Is a surviving spouse responsible for the credit card debt of a deceased spouse whose cards were in the name of the deceased spouse?
Asked on Nov 21st, 2013 on Estate Planning - Michigan
10 ANSWERS
2 Awards
The spouse is not likely responsible but 1/2 of the community estate could be. Speak with an attorney and get help negotiating the debt.
Answered on Nov 22nd, 2013 at 10:09 PM
The surviving spouse is responsible for the community debts of the parties.
Answered on Nov 22nd, 2013 at 10:09 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. If the credit cards were used for "expenses of the family," then yes.
Answered on Nov 22nd, 2013 at 10:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. The "estate" of the deceased spouse would be responsible, however. If there are other assets in the estate, the creditor could have recourse.
Answered on Nov 22nd, 2013 at 10:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, not as long the charges thereon were not for the purpose of obtaining community necessities of life.
Answered on Nov 22nd, 2013 at 10:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally no, but there may be a claim that the deceased spouse's portion of community property may be used to pay those debts. Tell the credit card companies that the spouse has died and, if true, left no estate. If there are significant assets that were either owned separately by the spouse or that is community property, you may want to talk with a local attorney about your options.
Answered on Nov 22nd, 2013 at 11:15 AM
If the card was used solely by the deceased spouse, his or her estate would be responsible for paying off the card. However, if the surviving spouse used the card or benefited from its purchases, the company may have a claim against him/her as well.
Answered on Nov 22nd, 2013 at 11:01 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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In most cases, yes.
Answered on Nov 22nd, 2013 at 11:01 AM
3 Awards
In Nevada debts are community debts and the spouse is responsible for the same. There are some issues with regard to separate property and smaller estates under $100,000. I urge you to speak with an attorney if you are in Nevada and think you may fall into one of those categories.
Answered on Nov 22nd, 2013 at 11:01 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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NO only the deceased spouse's estate is unless the card was joint with the spouse.
Answered on Nov 22nd, 2013 at 11:00 AM