Am I responsible for my deceased spouse’s credit card debt?

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Am I responsible for my deceased spouse’s credit card debt?

I am not an authorized user. Can they into my account and take the money or put a lien on the house?

Asked on January 3, 2012 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states in this country, if the credit card debt was incurred during the marriage you had with your deceased spouse, the marital estate's assets would be responsible for the debt regardless of the fact that the credit card was solely in the deceased spouse's name. You personally would not be responsible for the debt, but assets of the marriage would be. Meaning, your separate property cannot be levied upon concerning any judgment arising out of this debt.

One way to possibly resolve the debt of the deceased spouse is to probate the estate of him or her (assuming there is a Will). If the creditor does not make a timely creditor's claim to the estate, the claim for the unpaid credit card debt could be barred for payment.


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