Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Did the credit card company file a creditor claim against the estate in probate court?
Thank you for the additional information. My condolences for your loss. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
You live in a community property state. So, while the estate is primarily liable for the debt, the creditor can pursue the community property of the marriage to recover repayment.
That said, it is likely they will accept an amount in settlement which is much less than what is owed. So call them and offer a nominal settlement.
If you arrive at a settlement make sure to get a release and also, under no circumstances, sign anything which makes you personally liable for repayment.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
The creditors have no claim against an asset which was POD because it is not a probate asset. In other words, it passes to you automatically.
If you have property in Texas then it is community property, even if you only lived there 4 mos.