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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.
Someone who becomes a co-signer for a financial transaction is pledging to be responsible for the debt if the primary borrower defaults. FYI, an authorized user of a cc account is not the same thing, and is not responsible for the cc debt.
In general, only the account holder is responsible for payment of debt incurred. In the case of the decedent, there are two main factors determining how debts are settled. One is if the married couple resided in a community property state. If so, in most cases all debts belong to the couple equally. Therefore the surviving spouse MIGHT be liable to pay cc debt. The other factor is the requirements under state probate laws for handling the assets and debts of the deceased. Nikki macky83@juno.com
Virginia is not a community property state, therefore if the cc debt belonged solely to the deceased the surviving spouse is not responsible for repayment. How the property is titled would determine if it could be subject to creditor attachment, if it is titled as Tenants-in-Common or Joint Tenancy a juegment lien after due process can be executed and possibly (but not likely) a forced sale. If the property is held as JTWRS and the debt belonged only to the deceased, neither a lien nor a forced sale is possible. (e-mail macky83@juno.com)
If the debt was in the spouses name only, they will have a hard time making a case for you to pay the debt. Hopefully the surviving spouse has no connection to it (not even an authorized user of the account). Just send a copy of the death certificate, they have to write it off. They will tell you that you have to pay it, and they may come after his assets (a car he owns or something that is in his name only). You will want to contact a credit councelor - most will give free advice. If the married couple resided in a community property state the surviving spouse in most instances is responsible for all debts incurred in the marriage even if they were not a joint account holder. The exception would be the CP state of Wisconsin which treats marital debts differently when it pertains to the death of a spouse.
== Spouse's credit card charges== My husband says he actually heard the answer to this on a radio show the other day. The answer given was this: As long as no one else's names are on the credit card (or, I assume, the original application) only your father was responsible for his debt. Your mother should be okay. However, I don't know if this varies from state to state. It would be wise to check with an acct. maybe or with the atty. handling your father's estate - just to be on the safe side. More input from FAQ Farmers: * This happened to my elderly mom. The CC companies are crooks! They sent her cards with her name on it and the account number of my deceased father's cards. Thank God I was there because if she had used any of the cards even once she would have been responsible for the whole debt. As it was, I was able to stop her, contact the credit card companies and had the debt cancelled as there was no estate to speak of.(a small threat of contacting the attorney general of the state of Colorado about fraud seemed to help alot) Good luck * The only person responsible for a cc debt is the person(s) whose names are on the account. A spouse is only responsible if the account is held jointly or if the married couple lived in a community property state. "CP" states consider all marital assets and all debts equally owned and equally owed.
The estate of the deceased will be ordered to pay before any funds are disbursed to the family. IF the estate cannot cover the entire amount owed, then other state laws may apply.
Children can not be held liable or responsible for contracts of any type and also do not have any ability to get credit or have a credit rating. That is why their CC is in your name and why only you are responsible for paying their CC debt. All that is impacted here is your credit.AnswerIf the "child" is over the age of 18 and is a joint account holder and not simply an authorized user then they are responsible for the debt. Additional InformationIf the parent co-signed for the child's first credit card and now the child is emancipated. That account should be closedand a new account should be opened in the child's name alone. That is the only way to get the parent's name off the account.
Yes. If a couple, or two people jointly opened a CC account, then they are both liable to repay the debt. If one fails, even if subsequently divorced, the other is still liable to pay.
None. The CC Company can continue to increase your credit amount based on the info they have. You have to be responsible enough to keep your debt managable.
Authorized users are NOT responsible for the cc debt. That is assuming, that you were not married at the time you used the card and were not living in a community property state.
Unfortunately CC don't really care about divorce decrees. They will try to collect from whomever they can, they just want their money..period. You do however have a defense, so if you have documentation or can get it. I would let them know the facts and see what happens. CC and collection agencies have a common bond, "intimidation" My personal feeling is don't let them "bully" you.