What should I do about my ex-husband's credit card debt after his death?

Full question:

My ex-husband has passed away. We had a joint credit card with a $10K balance we had a divorce settlement that shows how much of the credit card balance I was responsbile for $4.6K and that I was to make payments to him, of which i did. He also in return made payments directly to the credit card co with his stated amount that he was responsible for. I completed my portion and have the cancelled checks and in the time frame outlined in our divorce settlement. After my part was complete he started only paying the minimum. with the economy as such , I never demanded him to pay off the card. He just kept making im guessing his mimnimal amount. Now he has passed away from a heart attack. Their is $2800 still left oweing on the card. It is showing up on my credit card as not paid and it is now 2mts behind. I do not hve the bills not the accounts etc.. the only way i know it is showing on my credit report. His estate is not going to have an executor. His widow is claiming the $20K surviorship. The titles of his properties have been assigned over to his children. They are under advisement from their attornies to wait 2 years before they can sell anything. What is the best avenue for me to take? I cannot afford the $2800, and I feel I have done my part of what was right. Do I contact the credit card company, do i file a dispute with the credit bureau? No one has contacted me yet?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: North Carolina

Answer:

You should consider contacting the credit card issuer to discuss the situation. However, you might need to file a claim in probate court with the estate administrator. Since your ex-husband died without a will naming an executor, the estate will be distributed according to intestacy laws. As both of you are joint account holders, the credit card company may hold either party responsible for the remaining balance.

According to North Carolina law, a claim against a decedent's estate must be presented in writing. You can present your claim by delivering it in person or by mail to the personal representative, or by filing it with the clerk of superior court (N.C. Gen. Stat. § 28A-19-1). If you do not present your claim within the specified time frame, it may be barred against the estate (N.C. Gen. Stat. § 28A-19-3).

Since you have already fulfilled your financial obligations under the divorce settlement, you may want to explain this to the credit card company and see if they can assist you. If you need legal assistance, consider consulting with an attorney who specializes in probate or estate matters.