US Legal Forms
Legal Resources
Questions & Answers
Debts and Credit
Can credit card companies take my property for my husband's debt in Missouri?

Can credit card companies take my property for my husband's debt in Missouri?

Full question:

My husband passed and had several thousand dollars worth of credit card debt in his name only. I am being harrassed by the credit card companies to settle this debt. They have threatened to take my property, cars, life insurance which I am the beneficiary of and the pension that I am entitled to from his work. Can they do this in the state of Missouri? I have minor children at home still and there is no way I would be able to pay these bills.

Category: Debts and Credit
Subcategory: Credit Cards
Date: 04/07/2025
State: Missouri

Answer:

In Missouri, which is an equitable distribution state, debts incurred by one spouse are typically not the responsibility of the other spouse unless they are jointly held. Credit accounts opened solely in your husband's name are generally his responsibility. Therefore, creditors cannot take your property, cars, or life insurance benefits that you are entitled to as the beneficiary. However, it’s essential to consult with a legal professional to understand your specific situation and rights fully.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do I have to pay my mom's debt when she died?

In general, you are not personally responsible for your mother's debts after her death unless you co-signed on the accounts or are otherwise legally obligated. Her estate may need to settle her debts using her assets before any inheritance is distributed. If the estate lacks sufficient assets, the debts may go unpaid, and creditors typically cannot pursue family members for payment. It's advisable to consult with a probate attorney for guidance specific to your situation.

Does the executor have to pay credit card debt?

Yes, the executor is responsible for settling the deceased's debts using the estate's assets. This includes credit card debt. However, they can only pay debts if there are sufficient assets in the estate. If the estate is insolvent, the executor may not be able to pay all debts, and creditors may not be able to pursue family members for payment. Consulting with a probate attorney can provide clarity on the process.

Can creditors go after surviving a spouse?

Creditors typically cannot pursue a surviving spouse for debts that were solely in the deceased spouse's name. In Missouri, debts incurred by one spouse are generally not the responsibility of the other unless they are joint debts. However, if the surviving spouse co-signed on any debts or if the debt is considered a community obligation, they may be liable. It's important to seek legal advice for your specific circumstances.

Is the surviving spouse responsible for credit card debt if the spouse dies?

In Missouri, a surviving spouse is generally not responsible for credit card debt solely in the deceased spouse's name. Creditors cannot claim the surviving spouse's assets for these debts unless they were jointly held or the surviving spouse co-signed. It's crucial to consult with a legal professional to understand your rights and obligations regarding any debts.

What happens if someone dies with a lot of credit card debt?

If someone dies with significant credit card debt, their estate is responsible for settling those debts using available assets. Creditors can make claims against the estate, but if there are insufficient assets, the debts may go unpaid. Family members are usually not liable for the deceased's debts unless they co-signed. Consulting with a probate attorney can help navigate this process.

What happens to credit card debt after death?

After death, credit card debt becomes the responsibility of the deceased's estate. The executor must use estate assets to pay off debts before distributing inheritance. If the estate lacks sufficient funds, creditors may not be able to collect the debt, and family members are typically not liable unless they co-signed. It's advisable to seek legal counsel to understand the implications specific to your situation.