General Question

tko7800's avatar

Who is responsible for credit card debit when someone dies?

Asked by tko7800 (586points) October 1st, 2011

A family friend recently passed and she left behind a large credit card bill. She leaves behind a husband, but the credit card was solely in her name. Does the husband have to pay off her debt or is it now finished?

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9 Answers

gailcalled's avatar

The estate pays all debts before any inheritance is handed over.

gailcalled's avatar

If I died and left a mortgage on my house, the bank would get its pound of flesh, as would any other debtors.

DreamTrees's avatar

If she left behind a spouse, but her credit is listed separately, there may be no liability. If there is an estate, who knows? You can probably get an answer online from www.answer.com for a fraction of the cost of hiring a lawyer, or ask for a free consultation and run with it.

trailsillustrated's avatar

no one it goes away

chyna's avatar

@gailcalled is correct. The estate, if there is one, has to pay the debts off first.

YoBob's avatar

As other’s have said, it is the estate that is responsible. However, from personal experience when my mother in law died leaving behind a boatload of bills, that will not stop the creditors from trying to imply to the heirs that they are personally responsible and making empty threats in an attempt to intimidate them into paying.

Hiring a professional who is experienced at settling such matters might be a prudent move.

lillycoyote's avatar

I think these two articles provide a pretty good overview and the answer is, it depends. And, as the articles mention, community property laws can determine who is responsible for the debt if there is a surviving spouse and vary by state, if you are in the U.S. If the credit card debt is significant it might be wise to consult an attorney to help sort it out.

What happens to credit card debt after death

Am I liable for the debts of a deceased parent or spouse?

shirleylopez's avatar

@lillycoyote, after reading the two articles you suggested, the answer is truly it depends. There is no clear cut ruling on the case the owner of the credit card dies with balances unpaid. However, it would help a lot if you know the ruling in the city or state where you stay in order not to be harassed by credit card collectors who might force payment similar to the experience of @YoBob.

lillycoyote's avatar

@shirleylopez Yes, my point exactly. It really does depend on a lot of things. You don’t always absolutely need a lawyer on these things but you do need to make sure you have all your ducks in a row to stay out of trouble.

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