Can a widow be charged with fraud for using a credit card in her name on a joint account, after her husband died?

I used a card in my name after my husband’s death and did not know I had to notify the card company. I also continued to make payments until I became unemployed and unemployment compensation ran out.

Asked on August 28, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is the possibility that a widow that used a credit card in her name on a joint credit card account could be accused of a wrongful act by the credit card company after the passing of her husband. However, the likelihood of this ever coming to pass is remote for the following reasons:

1. the credit card is in the widow's name;

2. the widow and the deceased husband have a community liability for the debt on the credit card;

3. the widow continued to make payments on the credit card until financial adversity forced her to discontinue the payments.

In light of the above facts, using the credit card in the joint account of you and your deceased husband which was in your name was not wrong.

Good luck.


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