What should I do about my deceased husband's American Express debt?

Full question:

My husband died Nov. 2006. Soon after I received a collection notice from American Express in the amount of $8,200. I was not aware my husband had taken out an American Express Card. I sent the collection agency a copy of his death certificate and informed them that he left no life insurance and had no estate. I am not named on this card. Now I am receiving letters addressed to the Estate and the amount has gone up to $8,800. I do not have the means to pay this account. What recourse do I have.

Answer:

We’re sorry to hear about your husband. Generally, only the assets owned by him that are part of his estate can be used to pay his debts. If there are no assets in the estate, there is no money to pay the debt. You can inform the collection agency in writing that there are no estate assets and request that they stop contacting you, as required by the Fair Debt Collection Practices Act.

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

Generally, you are not personally responsible for a deceased person's credit card debt unless you are a joint account holder. If the deceased had no estate or assets, creditors typically cannot collect from surviving family members. The debt is paid from the estate if there are sufficient assets available.