QUESTION
Is the wife responsible if her deceased husband has a credit card that's in his name only?
Asked on Sep 04th, 2013 on Estate Planning - Massachusetts
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. The creditor can only try to get assets in that spouse's sole name.
Answered on Sep 30th, 2013 at 1:09 AM
2 Awards
Not unless the wife cosigned the card or used the card.
Answered on Sep 12th, 2013 at 2:45 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the debt was incurred during marriage, wife is liable.
Answered on Sep 12th, 2013 at 2:44 PM
Sanford M. Martin
No, unless the wife signed as joint holder of the account or agreed to pay the debt.
Answered on Sep 12th, 2013 at 2:44 PM
That depends on the law of the state she resided in. In Nevada, which is a community property state, generally speaking the debt of one spouse is the debt of the other spouse. I suggest that she contact the credit card company and settle the debt.
Answered on Sep 12th, 2013 at 2:44 PM
Generally no. For more detailed information, consult with an attorney specializing in these matters.
Answered on Sep 12th, 2013 at 2:40 PM
Thomas Edward Gates
It depends on whether they live in a community property state and what funds were used to pay the credit card charges each month.
Answered on Sep 12th, 2013 at 1:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. The husband's estate would be responsible, if there is one.
Answered on Sep 12th, 2013 at 1:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, but his assets are responsible for paying his debts.
Answered on Sep 12th, 2013 at 1:56 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Only if the account balance was generated during the course of marriage for purchases for the community, meaning you and him.
Answered on Sep 12th, 2013 at 1:56 PM
2 Awards
The wife no, but the husband's estate, yes. If there are any assets in the marriage, the creditors can come after 1/2 of those assets to satisfy the husband's debt. I suggest hiring an attorney to negotiate the debt to reduce the amount that needs to be paid.
Answered on Sep 12th, 2013 at 1:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe, maybe not. His estate is primarily liable for it; if wife inherits all, then she probably is on the hook. If card was used for "expenses of the family" as defined, then another hook.
Answered on Sep 12th, 2013 at 1:55 PM
3 Awards
Nevada is a community property state, so possibly. A consultation should be has with a probate attorney to see if a set aside may be used to wipe out the debt.
Answered on Sep 12th, 2013 at 1:54 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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No. If a husband has a credit card in his name alone, then only his "probate estate" is responsible for paying the outstanding balance. If there are no probate assets, all assets have passed to beneficiaries outside of probate, then no one is responsible for paying it.
Answered on Sep 12th, 2013 at 1:54 PM
No, the estate of her late husband is responsible. In the administration of the estate, the debts of the decedent and other claims are part of the process of probating the estate.
Answered on Sep 12th, 2013 at 1:53 PM