spouse dies and credit card is in their name, who is responsible for this debt

Asked 10/15/2009 under Wills, Trusts, Probate | 171 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Generally, the deceased spouse's estate is liable for the debt; not the surviving spouse personally.  Although, by virtue of something known as the "law of necessaries", which is followed in some jurisdictions, the surviving spouse may have liability for any purchases made for family needs(but this is rarely done). Additionally, they may also be affected to the extent that non-exempt joint assets are involved. 

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