Am I Responsible for My Husband's Credit Card Debt When He Dies?

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    Joint Cards

    • If the card that the debt is on was in your name as well as your husband's and you co-signed for it, you are completely liable for all of the repayments after his death. It doesn't matter if the items were things that he bought or that only he used, or even if you knew about the purchases at all. Your name is on the account and the credit card company will not give you any leeway in the event of your spouse's death. You also have no legal recourse in this situation.

    Authorized User

    • If you did not sign jointly for the card but were an authorized user of a card in his name, in most states you are not liable for the debt. Even if you had and used a card, as long as only his name was on this account, this will be treated as if it were his card and his debt only. The credit card company or collections agency may still try to pursue you in this situation, so it's worth knowing your rights and insisting upon them.

    Estate Liability

    • If your husband made a will, and if his credit card debts were in his name only, the executor of his will is responsible to pay off those debts before the assets of the estate are distributed. This may mean that assets you consider jointly owned, or ones you expected to inherit, may be at risk. If his estate ends up being insolvent, without the full debt being paid off, in most states you are not liable for the balance. If your husband died without making a will, a court-appointed administrator will deal with his affairs and will again attend to any outstanding debts before distributing assets.

    Community Property States

    • If you live in one of the nine states that operate under community property laws, you do remain technically responsible for your husband's debts after his death, even if the card was solely in his name. However, the options for the credit card company in recovering the debt can be somewhat limited depending on the laws of the state in question. In this situation, find out what your own state's laws are and seek legal advice before making any moves. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

    Consult a Lawyer

    • If your spouse had significant unsecured debt at the time of his death, it's well worth consulting a lawyer, to ensure that you take the correct route and protect as many of your assets as you can. An attorney can advise you if it's best to open probate or whether you'd be better off dealing with the debt in another way. In any case, if you are contacted by the credit card company or a collections agency, do not take the word of any collections agent about what you are liable for.

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