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Ellen
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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am I responsible for my deceased husbands credit card debt

Resolved Question:

I was an authorized user and the will has been probated.
Submitted: 8 years ago.
Category: Estate Law
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

Please clarify the following:
Are there any assets in the estate from which to pay the bill?
Did you use the credit card?
What state was your husband a resident of?
Customer: replied 8 years ago.
Reply to FLAandNYLawyer's Post: There was less than $2,000 in assets to pay the bill. I probably signed my name to some charges - my husband had a rare disease that was being treated 700 miles from home and we averaged staying 120/days a year for the last 4 years. The hospital didn't have a place for us to stay so we stayed in the cheapest places we could find. I had to take total care of him for the past year. The credit card amt due is $5800 and we live in KY.
Expert:  Ellen replied 8 years ago.

Hello,

My condolences on the passing of your husband.

Sadly, you may be liable for the credit card debt.

Typically, a spouse will not be liable for items that were purchased on her husband's credit card. However, a spouse is liable for the other spouse's necessaries. Necessaries are, simply put, necessities, such as medical bills or a hotel to receive medical treatment. Since this is the bulk of the credit card debt that you incurred, you are likely personally liable for it.

Additionally you may be liable because you used the card.

You may use the estate assets to pay the credit card bill. However, unfortunately the creditor may be able to collect the balance from you personally.

I hope that I have fully answered your question and the information was helpful to you.

If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Customer: replied 8 years ago.
Reply to FLAandNYLawyer's Post: After I received your answer I call the credit card company and asked them if I would be responsible as an authorized user and they told me no. I told them my husband was deceased and would it come out of the estate and she again said no that some credit card companies do but they do not. I told her the collection company was calling me and she told me to send the collection company a copy of his death certificate. Could this be true?
Expert:  Ellen replied 8 years ago.
Hello,

I am pleased to hear that they are willing to write off the debt. They are not legally obligated to do so. You have nothing to lose by doing as the agent for the credit card company instructed.

Good luck.

Please CLICK ACCEPT so I can receive credit - Bonus = job well done.

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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