Husband had no idea that his wife had credit cardsIs a spouse responsible for the debt of their recently deceased spouse if the debt is not in their name?
I depends on if you are in a community property state, were the cards taken out prior to the marriage, and if there is any sort of prenuptial agreement specifying any details as to the management/responsibility of debt. Definitely should consult a lawyer.Is a spouse responsible for the debt of their recently deceased spouse if the debt is not in their name?
Depends on whether you are in a community property state and how the debts were obtained. Consulting with a lawyer is probably a good idea.
No.
Responsibility for debts lies with the person who signed for same.
If your deceased spouse had debts in her own name, your responsibility is non-existent.
As executor/administrator of her estate, you should notify the companies that no assets exist to satisfy their claims. Get a good probate attorney to help you minimize liability here.
Any assets that transferred to you unencumbered (i.e. Your house, if held as joint tenants or tenants by the entirety) have no bearing on colletibility of these debts.
They can only attach assets that were solely in your spouse's name, but your attorney will run interference with you.
I wish you luck, and I am sorry for your loss.
I've know people who passed away and their families declared bankruptcy in the deceased individual's name to clear the debt.
When my father passed away several years ago, I paid a small balance on his Visa credit card and the bank allowed me to take over the account as the principal acct holder - I did not have a Visa card of my own.
It just depends what your circumstances are.
In most cases, yes. It will depend on how the account was set up. Contact the credit card companies. It sounds like they are department store cards, and they are easier to dissolve than Visa, or MasterCard.
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