Credit and Debit Cards

Is the spouse resonsible to pay off credit card debt if their name is not on the card and if there is no estate?

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2011-09-13 10:22:34
2011-09-13 10:22:34

Yes if the account if joint regardless if the actual card did not have their name on it.

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The estate of the credit card holder. If the surviving spouse was an approved user, or co-signee they would also be responsible.

The estate is primarily responsible. However, a spouse is normally considered to benefit from such debt and can be held responsible.

In Oklahoma, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.

The estate will be held responsible. Given that the spouse was a card user, they can also be held responsible if the estate doesn't resolve the issue.

Yes the debt is paid out of the estate. If the spouse was a partner in the debt, they can be responsible. If they had a card in their own name, they may have to pay. Consult a probate attorney in Illinois.

The deceased's estate is going to be responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.

Technically, the debt has to be resolved by the estate. And as the spouse gets the estate, they will be paying one way or another. And is many cases the spouse benefits from the debt, they can come after the money

No, an authorized user has no obligation to pay back the debt and the credit card company cannot make you pay the debt. They can request payment from the estate if there is an estate left.

The estate of the cardholder. Anyone else named on the card, or the spouse, could be held responsible.

The decedent's estate still owes the money, and that debt must be satisfied before the estate can be distributed. In the case of a surviving spouse, that spouse is equally liable for any existing debts. If the deceased's estate cannot cover the debt, the spouse must do so.

If the surviving spouse did not sign the credit card agreement then they are not responsible for it. However, the creditors could still come after the deceased spouse's estate (i.e. life insurance) for the balance of credit. You probably want to ask an estate attorney that question.

Indirectly they will pay in Georgia. The estate will be primary and the spouse is considered to have benefited from the purchased items.

The estate covers the bill. If the spouse is still alive, he/she will probably have to cover the bill with the proceeds of the estate. If there aren't enough assets to cover the debt, and the credit account was not joint with anyone else, the credit card company will have to pay it out of their own pocket. Credit card companies cannot force the family to pay the debt. == ==

The estate is responsible for settling all debts. Given that the spouse typically inherits all of the assets from the estate, the estate will be smaller by that amount. In some cases the wife may want to pay the bill rather than have the estate sell the house so that the bill can be paid by the estate.

In Massachusetts: Generally, a judge can assign a credit card debt to the other spouse in a divorce proceeding if the circumstances warrant such a redistribution. A creditor must make a claim within a statutory period against the estate of a deceased debtor. If an estate has not been filed in probate court a creditor may petition to administer the estate. The credit card company cannot make the decedent's relatives pay a debt that's only in the decedent's name.

The estate of the deceased is responsible for the debts. Indirectly, the spouse is going to pay the debts, either by a smaller inheritance or as a beneficiary of the goods and services purchased by the spouse.

If a spouse has a credit card in their own name & the other spouse isn't listed on it, bad credit won't affect the second spouse. But, if you both apply for a loan or other credit - the credit bureau will check both parties credit reports.

If the card was only in the deceased's name AND the surviving spouse was not a listed authorized user AND the surviving spouse never used the card for his/her own purchases, the spouse is not responsible for the debt. The estate is liable for the debt, so no assets of the estate can be distributed to the heirs at law or by will until the debts of the estate have been paid. If the debts exceed the estate's assets, it may file for bankruptcy of the estate under state law. Consult a local experienced bankruptcy lawyer.

Currently I am dealing with estate issues and credit card debts. I am not a lawyer but after talking to many professionals, it seems to me that if their is no estate and no joint credit card holders then the card company will have to write it off.....

California is a community property state, therefore if there is a surviving spouse he or she is responsible for all outstanding debt including credit card accounts even if the decedent was a sole account holder. If there is not a surviving spouse the credit card debt will become a part of the probate procedure and will be handled according to the state laws of distribution of an estate.

Depends on whether you are in a community property state. If you are, and married, your spouse dies, you/estate is responsible for the bill.

In most cases the spouse is going to be considered to have benefited from the debts of the spouse. Technically the estate should pay the bills, and that has to happen before the spouse gets any distribution.

No, a creditor would not issue a card or extend credit on the account of a deceased spouse. The creditor might be willing to issue a card to the surviving spouse based on his or her own financial situation.

The estate has primary responsibility. But the debts of a spouse are a benefit to both of them, so both have the responsibility.

Unless both spouses signed the credit card agreement, the answer is no. The debt can only be charged against the property of the deceased, but must be fully paid (or paid as much as it can be in the case of an insolvent estate) before anything can be paid to the spouse.


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