Is my father liable for a credit card that was only in my late mom’s name?

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Is my father liable for a credit card that was only in my late mom’s name?

My mom passed away and had one credit card in only her name. There is no life insurance or 401Ks there is funeral debt medical bills. The house is in my fathers and her name however they had a home equity loan out to cover some bills so even if the house was to be sold there is no large equity.

Asked on April 17, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The general rule regarding credit card debt is that it is the debt of the estate not of the surviving spouse.  That being as long as your father was not on the original contract for the card and even if he were an additional card holder.  Good luck. 


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