If your husband passed away and he was the primary name on the credit cards are you responsible for those credit cards and how can you get his name taken off the deed to the house?

Answer 1

With respect to the credit cards, the answer will depend on a number of factors. For example, your husband may have been the "primary" card holder but you have have been more than just an authorized user. You might also be liable for purchase that you specifically authorized. You may also be liable the the extent that you inherits assets from your husband that could or should be used to pay creditors. Getting your husbands name off title depends on how you currently hold title. If you have hold title as joint tenants, you should be able to file and Affidavit of Death of Joint Tenant to get him off title. If you have a living trust, you can follow the procedure to appoint a successor trustee. You may need to file a probate too. Regardless of what you do, you should see a probate/estate planning attorney for advice on BOTH issues. Credit card accounts that are not joint (held in one name only) are the sole responsibilty of the person who made the agreement. The exception is married couples who live in a community property state, all assets and debts belong equally to both spouses. Therefore the surviving spouse would probably be held accountable for the credit card debt. Authorized users of credit cards are not responsible for any of the debt incurred, although some creditors may attempt to force the spouse to pay, the spouse is not legally bound to do so. All states require some type of probate procedures, some will give the survivors the option of taking on the responsibility of the deceased's debts, thereby making the probate action shorter and less expensive. Married couples generally hold real property as Joint Tenants With Rights of Survivorship or in a few states Tenants By The Entireties. This means the home automatically passes to the surviving spouse and bypasses probate. Generally the only thing needed to amend a title, is a certified copy of the death certificate with the street address, town, and title reference of the property written on it. It is then to be sent to the County Recorder's Office. When a husband and wife own real property jointly, the deceased spouse's name is not literally taken off the deed. The records are simply amended to show that the surviving spouse is now the sole owner of the property. If the deceased left a large estate it is best handled by a qualified probate attorney, in some states an attorney must handle probate action.