If my spouse dies with credit card debt and we have joint bank accounts/CD’s, are the funds considered to be his estate that the debt must be paid from?

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If my spouse dies with credit card debt and we have joint bank accounts/CD’s, are the funds considered to be his estate that the debt must be paid from?

The SSN used for bank account/IRS purposes is my spouse’s.

Asked on July 15, 2015 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Joint accounts passed to you automatically at the time of your husband's death even if they have his social security number as pimary.  Have his name taken off and yours can stand alon.e  You just need his death certificate.  And if you were not a joint signatory on the credit card then the debt is his estate's not yours.  Good luck.


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