If I die with credit card debt will my wife be responsible for it?

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If I die with credit card debt will my wife be responsible for it?

The debt that is my name only.

Asked on August 30, 2012 under Bankruptcy Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, a surviving spouse is not obligated to pay the debts of a deceased spouse. However, several exceptions to this rule exist. The first has to do with where the spouse lives. If they live in a community property state, they would typically bear responsibility for such a debt (FL is not such a state). The second would be if you signed (or in some other way) agreed to be legally bound for re-payments on the debt (you did not indicate this to be the case). The third and last exception falls under something known as the "doctrine of necessities". Pursuant to it, a surviving spouse is liable for the "necessary" expenses incurred by their deceased spouse during marriage.  Therefore, depending on the items charged on the card (i.e. were they necessary expenses for the maintenance of the household, etc), a spouse could bear liability for such debts (my research indicates however that FL no longer follows this doctrine).

Note: However, your late spouse's estate would still be liable for repayment. Consequently, you could indirectly be affected financially.

To be certain of your rights under exisiting state law, you should consult directly with an attorney in your area.


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