Full question:
My husband suddenly took ill and passed away last month. He did not have a living will or Trust set up. He did not own any property. He did have a Life Insurance policy for which I am the beneficiary. He had a small savings account under his name and owned a vehicle. He has outstanding balance on some credit cards that need to be paid. He was the primary card holder on these accounts. Am I liable for his credit card balances even though I was not a co-signer? The credit card companies are sending letters to the Estate of my husband(which does not exist) in order to collect the debt. I have about 10 days left in order to respond to them. What is the best way to handle this so I don't have to face them in court or not damage my credit rating ? Is there an attorney who can guide me through the process?
- Category: Debts and Credit
- Subcategory: Spouses
- Date:
- State: California
Answer:
Generally, a spouse isn't responsible for the other spouse's debts if the accounts are individual and the spouse isn't a co-signer, guarantor, or authorized user. This rule holds true unless you live in a community property state, where joint assets might be at risk. For example, creditors can pursue jointly held accounts in cases like bankruptcy or divorce. If your husband agreed to pay off a joint credit card but didn’t, the creditor may sue you for that debt. Laws vary by state regarding debt responsibility, depending on when the debt was incurred and who is considered the debtor.
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.