credit card debt - spouse passed away

whateverroig · Joined: 28 Jul 2007 Posts: 5 4.34 Dollars($)

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.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

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.

Niicss · Posted: 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.

Guest

wildstorm_films · Joined: 22 Aug 2007 Posts: 131 8.70 Dollars($)

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.

miller_st · Joined: 17 Jan 2007 Posts: 917 168.92 Dollars($)

"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.

Guest

My father passed and my mother is told by lawyers that she is responiable for his debt. He made much more then her and she has been told she has to pay it off, $1,500 per month I dont think she even makes that much a month. What do we do?????????

msnover92571 · Posted: Tue Feb 10, 2009 11:30 am Post subject:

I dont think ur held liable for debt as its not in ur name. And you didnt apply for it in the first place.

Missy12342008 · Joined: 24 Feb 2009 Posts: 19 10.57 Dollars($)

my mom, and dad had a car in both of their names when my dad became sick w/ cancer my mom could no longer afford the payments, and I think she had some kind of insurance on it so that if he got sick the company would pay for it. my dad ended up passing away not much later, and they asked for proof that he had died so my mom had to send all the companies that he owed money too a copy of his death certificate so if they call you asking for money just let them know that he passed away, and you can send them proof of that. Then they shouldn't bother you further so I'm pretty sure you shouldn't have to pay off his debt that wouldn't be fair at all.

Guest

Do not pay off any credit card debt that is in someone elses name. If you didn't apply for it then you are not responsible. My wife died with $15,000 in crdit card debt. The credit card componies tried to get me to pay it off but eventually stopped bothering me. It is unsecured debt and ther is nothing they can do.

Guest

I was wanting to know, for sure, if your spouse passes away and he had all of the credit cards in his name, are YOU responsible?

jameshogg · Posted: Thu Sep 10, 2009 11:07 pm Post subject:

Hi delaine,

If all the credit cards were in your deceased spouse's name, then you would not be held responsible for the credit card debts.

Thanks

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1737 36.13 Dollars($)

check this out

http://www.mortgagefit.com/credit/deceasedspouse.html

thewretched02 · Joined: 23 Jun 2009 Posts: 115 23.90 Dollars($)

when someone dies, their assets become their estate. Likewise any debts secured against those assets remain. The new owner of the asset(s) in question either take over the liabilities attached to them, or allow the asset to be sold to satisfy the debts on them.

gmakerley · Posted: Fri Oct 30, 2009 2:40 pm Post subject:

the estate is liable for payment of debts, not any surviving spouse.

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