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credit card debt - spouse passed away

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Icon Mini Profile whateverroig



Joined: 28 Jul 2007

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PostPosted: Sun Aug 05, 2007 8:14 pm    Post subject: credit card debt - spouse passed away

My husband passed away leaving credit card debt. The debt was in his name only we live in Florida. Can credit card companies come after me for the money? Can they lien my home? What should I do? It was alot of debt. I have my own student loans and car payment.
 
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Icon Mini Profile larry



Joined: 27 Jun 2007

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PostPosted: Sun Aug 05, 2007 11:06 pm    Post subject:

Hi Whateverroig,

The debts were in the name of your husband. But after his death, the credit card company may ask you (the surviving spouse) to pay of the deficit balance. First, they would seek a judgment against you in the court. In that case, if it is possible, you can sell the home and stay in a rented property. In this way, you will be able to pay off the outstanding debts.

BTW, you have not mentioned if the debts are secured or not. If you can state this, then I'll be able to help you further.
 
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Icon Mini Profile Niicss
Niicss


Joined: 03 Oct 2005

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PostPosted: Mon Aug 06, 2007 6:20 pm    Post subject:

Sorry to hear about your husband's death Whateverroig.

The debt will be repaid out of your husband's estate. At the time your husband's property goes through probate procedure payment will be done to creditors.

Credit card companies cannot come after you for recovery of those debts. Also they cannot put a lien on the house if credit card debt is not a secured debt.

_________________
Good is the Enemy of Great.
 
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betty j

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PostPosted: Tue Aug 07, 2007 4:22 pm    Post subject:

Quote:
My husband passed away leaving credit card debt. The debt was in his name only we live in Florida. Can credit card companies come after me for the money? Can they lien my home? What should I do? It was alot of debt. I have my own student loans and car payment.


The remaining debt will be paid off from your husband's property. Creditors won't be asking for repayment from you.
 
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Icon Mini Profile wildstorm_films
wildstorm_films


Joined: 22 Aug 2007

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PostPosted: Fri Aug 31, 2007 4:46 pm    Post subject:

If the debt was in the husbands name only, then the credit card companies shouldn't be able to pursue payment from her. She didn't apply for the credit card debt. He did. Therefore its not her responsibilty I think. If she applied with him or something, then I can understand the credit companys wanting her to pay for the debt. Thats how I see it anyways.
 
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Icon Mini Profile miller_st
miller_st


Joined: 17 Jan 2007

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PostPosted: Fri Aug 31, 2007 5:19 pm    Post subject:

"If the debt was in the husbands name only, then the credit card companies shouldn't be able to pursue payment from her. She didn't apply for the credit card debt. He did. Therefore its not her responsibilty I think."

You are right Wildstorm.

After his death, the debt will be repaid out at the time when his estate will go through the probate process. His wife does not have any personal obligation of paying that debt.
 
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