Full question:
My father died 3 months ago leaving balances on several credit cards ranging from 7K TO 10 K. He also, unbeknownced to me (his son), mailed balance transfer checks the day I took him to the hospital clearing most of my credit card debt. However the balance transfers take 10-14 days to clear and he died prior. Obviously, this creates the appearance that I made the transfers. First, is my mother liable for the CC debt if she did not use and was not named on the cards? Secondly, can the Credit Card companies take action against me for the balance transfers?
- Category: Wills and Estates
- Date:
- State: Missouri
Answer:
I am unable to offer a legal opinion on your liability for the balance transfers. Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.
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.
