Is your mother responsible for her husband's debt if he died with 15000 in credit card debt that she didn't know about and a car in his name alone that is not paid for?

Answer 1

Might start by writing the credit card company and stating that she had no knowledge of the credit card or the debt linked to it and as such does not believe that she has any responsibilities for the debt. Next stop in the lawyer. Is there loan insurance on the automobile loan? Contact the lender to find out. If the debts were not jointly incurred and the married couple did not reside in a community property state at the time of death the surviving spouse is not responsible for debts that were solely made by the deceased spouse. If the couple did reside in a CP state the surviving spouse should discuss the issue with the attorney who is handling the probate procedure. What she gets should not include the independent credit card debt, but something she may have expected may be used to satisfy it. All of the prior are essentially good points, especially the last: Even if it is his sole and separate debt...his death doesn't make it go away...it only means his estate has to satisfy it using any other asset...including that portion of those "shared" assets that he may have had with someone else. So, if that someone else is his spouse, that person isn't going to receive that as an inheritance. Hence the result is the same. The debt will be both from the onset in a Community property state, and even in others, unless you can prove that no portion of it went to benefit the other person. So, if the debt was incurred to pay for food, vacation, whatever...they both got anything from...even if one didn't know about it, it is both their debts.