What is the liability for a wife on credit card in late husband’s name?

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What is the liability for a wife on credit card in late husband’s name?

My husband recently passed away, a probate company contacted me on behalf of a bank, concerning an outstanding balance on a credit card. They just told me that I, the wife, am not liable for payment on the card since there is no estate/assets solely in my husband’s name. Needless to say I am very confused.

Asked on August 27, 2019 under Estate Planning, Missouri

Answers:

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

Answered 4 years ago | Contributor

In MO, a surviving spouse is not liable for the debts of their deceased spouse unless they specifically agreed to be (e.g. they co-signed for a loan, etc.) or they were medical bills. Bottom line, you are not responsible to pay for your late husband's credit card bills. That having been said, his estate is obligated to pay fo them. If there is no money in the estate, then the debt will be written off by his creditors.

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

Answered 4 years ago | Contributor

In MO, a surviving spouse is not liable for the debts of their deceased spouse unless they specifically agreed to be (e.g. they co-signed for a loan, etc.) or they were medical bills. Bottom line, you are not responsible to pay for your late husband's credit card bills. That having been said, his estate is obligated to pay fo them. If there is no money in the estate, then the debt will be written off by his creditors.  


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