No. The credit card debt will become a part of the probate procedure and will be handled according to the distribution laws of the state in which the person resided at the time of his or her death. Please be advised, it is not unusual for a creditor/collector to attempt to convince a surviving spouse that they are responsible for the debt especially if said spouse was an authorized user of the account. Be that as it may, the surviving spouse or other family members are not responsible for the debts of the deceased unless they were a joint account holder.
Washington is a community property state and the surviving spouse can be held accountable for the deceased spouse's debts depending upon the status of the deceased personal holdings/property.
Alabama is not a community property state, the surviving spouse is not responsible for creditor debt unless he or she was a joint account holder.
No, New Jersey is not a community property state, therefore the surviving spouse is not responsible for debts that were solely incurred by a deceased spouse.
I can't opine on Oklahoma law, but OK is not listed among community property states, and community property states would typically be the only ones where the surviving spouse who is not a co-debtor (or even an authorized user) would be on the hook.
You probably want to seek legal counsel if you are in a community property state. If you are NOT in a community property state, you have NO obligation unless you co-signed or co-applied for the LOC or loan.
No, surviving family members are not responsible for the debts of deceased persons if they were not listed as a joint account holder or borrower.The exception being a surviving spouse when the couple resided in a community property state.
One contributing factor is whether the married couple resided in a community property state. If that is the case, the surviving spouse is usually responsible for all spousal debts regardless of how the account was held. If not a community property state, the debts belong to the deceased only, and should be handled according to state probate laws.
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
If the account is joint then both spouses are responsible for repayment. If the account was incurred during the marriage and is held by one spouse and the couple live in a community property state both spouse's are responsible for repayment. If the account was incurred during the marriage by only one spouse and the couple does not live in a community property state, only the spouse who is the account holder is responsible for repayment.
If they are not an account holder they are not responsible for the debt. All debts and assets and wills are handled in accordance with the state probate laws in which the deceased lived and/or owned property.
All debts and assets of a deceased person are handled in accordance with the probate laws of the state where the deceased resided. Only the account holder is responsible for credit card debt, unless the person was married and lived in a community property state, in which case the surviving spouse is usually deemed responsible for such a debt. In some community property states such as Wisconsin the law varies as to the surviving spouse's responsibility.
Whose name was on the account? If it was a joint account, then the surviving owners of the account "inherit" the portion contributed by the deceased spouse. If only the name of the deceased was on the account, and it is not a community property state, then the entire account belongs to the estate and will be distributed according to probate rules of the state.
California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.
depends if live in a community property state--check with your state laws/call atty generals office
If you are on the account as a joint account applicant/holder you are responsible for the debt. Likewise if you reside in a community property state it is not necessary for you to be the account holder, as debts and assets are considered joint and equally owed and owned, regardless of whose name is on the account. Wisconsin does have CP laws concerning debts that differ from the rest of the community property states.
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
Illinois is not a community property state, therefore a spouse who is not a joint account holder is not responsible for the credit card debt of the other spouse.
No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Therefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
If you were not listed as a joint account holder you are not responsible for the debt.
Maybe. Wisconsin is a community property state. Unlike other CP states spousal debt responsibility is determined by the circumstances. If the surviving spouse used the credit card account then it is likely he or she will be held responsible for the debt, especially if charges on the account could be defined under the guidelines relating to necessities.
As long as the couple did not reside in a community property state and the spouse was not a joint account holder the spouse is not responsible. However depending on the probate laws of the resident state, a portion of the deceased's estate may be used to pay outstanding debt(s).
No. Only the account holder is responsible for repayment of debt incurred on a credit card. An authorized user is not responsible for repayment, but in this case if the now deceased AU continued to use the account after the death of her mother (the account holder), the AU's estate might be responsible for any charges made under such circumstances. In any event, the surviving spouse is NOT responsible to repay the CC debt.