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Additional Details
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Snickers | If a wife's deceased husband's credit card is in his name only, is the wife responsible for the debt? |
Additional Details
There was no will and the state is Minnesota.
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dreamwhip
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It depends on a variety of variables. Did the wife us her husband's card while he was livign with his consent? do they live in a community propery state, did he leave a will, did they have a prenupt, protecting her form his debts. Most likely she will be held responsible for any debt occured during the lifetime of the marriage. This is where one must be careful and it is best to consult an attoney who specializes in estate plannning, wills, successions etc. If the husband died with a will leaving anything of value to the wife, or if he died intestate (without a will) she will inheret his estate. If she accepts the inheretence she accepts it "AS IS" and any money left to her has to first be used to pay off all exsisting secured debt then unsecured debt (the credit card) what if anything then left over is hers, subject of course to inheretance taxx, unless he had a cpa and a good lawyer structure the will to lessesn or avoid this tax. If a husbands estate has more debt than assets, it would be wise to renounce the inheretance, freeing her of all obligations for debts but also keeping her from collecting money willed to her. It is a hard and tough call which is exactly why a professional needs to make the call or at least explain the law and options to the wife so she can make the best inforemd decision based on the facts, the situation and the law. GET A LAWYER ASAP. |
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tom225751
 |
The surviving spouse does not inherit any debits. However, if there is an estate or if he/she who died owned property, you may want to seek counsel. The credit card company may attempt to place a lien on the property. |
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rhsaunders
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The estate is responsible. The executor or administrator of the estate pays this bill (and all the other bills) from the assets of the estate. |
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tonalc1
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It depends what state she lives in. Generally, if she was not a co-signer, she is not. |
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Chele
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Technically no, had a friend who's going through this, but there's a catch and you'd have to speak to a lawyer.
While the wife isn't responsible for what is in his name the creditor can go to the estate, so if he had any money in any accounts the estate would pay out to the creditor. If he has no money/accounts/investments then there is no estate.
Best to speak to a lawyer when in doubt.
good luck |
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MuZzA
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No but she can be hassled and annoyed by his debt situation best thing to do is take it to the law! |
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Veronica Alicia
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The Estate is responsible for his debts - these should be cleared before inheritance is paid out. |
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bdancer222
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Wow! So many completely wrong answers!!
If the credit card was in the deceased husband's name only, it is the responsibility of the husband's estate to pay all his debts before assets can be distributed to heirs. If there are no assets, the credit card company would be out of luck.
Many credit card companies hound surviving spouses and other relatives, quoting all sorts of "rules" trying to convince them to pay. |
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BigSister
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She might not be unless the state she lives in is a community property state. Also, any monies left in his estate would be used to pay open debts before she or someone else stands to inherit anything. |
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romanisis
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nope the debt dies with the owner(ask any solicitor). |
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Budlightgurl
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Talk to a lawyer. |
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TL
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If,as you say,her name wasn't on the card,that means that it was a seperate account so no,proably not and it shouldn't reflect on her own credit either. |
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blackoil
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no, if it's in his name only, he should be responsible for it...I would suggest checking with the credit card company specifically to be sure though |
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Under Where;)
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I would ask a lawyer in your state. |
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Renaissance Man
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You're right 'bdancer' alot of wild and crazy answers. More like guesses.
Any credit card company will lie and say yes you owe it and here is how you pay us. So don't ask them. That's like asking a dog if it's hungry. The law is one thing. What someone says to you over their headset in a cubicle doesn't count.
Debt in his name only, means they can only collect from him/his estate.
"What you own stands good for what you owe."
If he has a bank account or other asset, the creditors get first dibs on it before family.
Aside from that, all money decisions should be paused until you listen to this man for free, on the radio or online, daily. He answers these questions daily. This is like getting financial wisdom from Bill Gates, except this guy has a radio show. Listen to archives too.
This one audio clip alone changed my life(financial life). I still replay it. Half way down click "Listen to Dave". JUST listen. http://www.daveramsey.com/tdrs/index.cfm/2007/9/17/Getting-rich
P.S. It's scary how many answers there are and how few thumbs up I could find to give. I don't think I've ever seen such a ratio! This stuff is important. This is why we struggle. Credit card companies are like wolves that circle us. We keep going down and they keep getting fatter and healthier. |
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DaMan
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Let's be clear on this.
If there is no will, then all of the husband's assets and debts will first go to PROBATE court for review and administration. Either the State may become the executor or the State may appoint someone else to serve as executor.
Regardless of who becomes the executor of the estate, he will be charged with the duty of dispositioning all debt (including credit card debt) from any remaining assets of the husband's estate. While the wife may not be legally responsible for the debt, the estate will be. |
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*^*hEaThEr*^*
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shouldn't be...but maybe hope he had life insurance |
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red top
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check your state laws |
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plushy_bear
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Usually, yes. She needs to see a lawyer - fast.
Good luck. |
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~Nu Nu~
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Sure is.. |
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samanny
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It is up to his estate (Property, cash and valuables) which was most likely left to his wife to pay for his debt. It becomes her financial burden because she was married to him.
If he was single his estate would still be responsible for paying his debt, and whoever was the executor of his estate would be responsible. In which case it does not become the financial burden of the executor. |
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SaberBlade
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I guess it depends where live.
Here when a person dies, his debt goes with him. In the US, I think they hound the family to pay it off. |
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mjammy1978
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no its in his name not her's, it depends on if it was a joint account or not |
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AtiaoftheJulii
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Yes. When you married, two became one. |
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OB1
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YES, |
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Cindy S
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Yes, the same way if he had money in his own name it would go to you as his wife. It works both ways. |
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indian_angel2003
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yes! |
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Flower06
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i guess so if your name is in there to.but i am not sure sorry. |
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cc's bad
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Yes |
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Athena
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Sad to say but, yes. When you marry some one you marry their credit. |
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Leea
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of course you are unless all your assets are already in a trust |
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