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ctlawyer
ctlawyer, Attorney
Category: Legal
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Experience:  over 15 years practice experience in real estate and business matters;
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Am I responsible for my deceased husbands credit card debts

Customer Question

Am I responsible for my deceased husband's credit card debts? My doing a credit report on myself - I discovered 5 negative entries on accounts I had supposedly opened.
Submitted: 8 years ago.
Category: Legal
Expert:  ctlawyer replied 8 years ago.
Were you a co-signer, did you have cards under yourn ame as well as his on these accoiunts? If you were, then you would be liable also. I would suggest first disputing the account appearing on your credit report through the credit bureau and second I would try to contact each account separately to ask why they are reporting it under your name. Is it possible they were joint accounts as opened by your husband? If they were only in his name you should not be responsible for them, although his estate would have been.
Customer: replied 8 years ago.

By his estate - would a life insurance benefit be considered estate? Also, isn't there something about credit card insurance?

 

The only thing I have financially is the life insurance benefit which I have in a CD - can they attach that?

 

B

Customer: replied 8 years ago.

By his estate - would a life insurance benefit be considered estate? Also, isn't there something about credit card insurance?

 

The only thing I have financially is the life insurance benefit which I have in a CD - can they attach that?

 

If they can attach the CD - should I put it in my daughter's name -??

 

B

Expert:  ctlawyer replied 8 years ago.
Was any estate/probate opened after his death? And how long ago was the death? Life insurance typically does not go through probate but goes directly to the beneficiary.
Customer: replied 8 years ago.

WOW - Thanks for answering so soon!

 

There is really no Estate - just the life insurance that went directly to me!

 

There was no "will" or anything to go through "probate" as far as I know>

 

He died a little over two years ago - in a single car accident - we had just moved to a new town and county - I totally fell apart.

 

We did not have our mail forwarded -

 

So I found out about a debt because a collector called - that is when I did a credit check on myself.

 

I didn't know what c. cards he had - and after his death - I am just now getting back mentally and physically.

 

I am 61 and at the time of his death my husband was 52 - the accident happened in 2006.

 

Expert:  ctlawyer replied 8 years ago.
I am very saddened to hear of the circumstances and unfortunate ramifications of his death - my condolences. My guess is that you may have been on those accounts also, but you have no way to tell now except by what they tell you. So dispute the debts and make them prove they are yours before agreeing to anything. If you do owe the money and they sue you then the CD could be subject to attachment by the creditors. But that cannot happen until they sue and they would have to sue you. So take it one step at a time.
Customer: replied 8 years ago.

As far as my knowledge - I am was not on any of his c. cards -

 

Possibly they got my information - because we were married?

or

He had some kind of insurance on the cards - and I would be the beneificiary?

 

OR?

 

The fact that my SS number has been involved and they have affected my credit - concerns me a great deal - how they got the information on me - ???????

 

Would it be a good idea for me to change the name on the CD?

 

My daughter is the only one - and she is the beneficiary already.

 

It is only for $100,000 - which sounds like alot - but really isn't.

 

That is the only money I have - except for a "widow's pension" of a total of a little over $700 - a month.

 

B

Expert:  ctlawyer replied 8 years ago.
Like I said if they have your SS and everything they have it from when your late husband opened the accounts, so may have been a co-signer. Just being married shouldnot have been enough to be liable for his debts. Usually that kind of insurance only pays the minimum payment, not the entire balance, but I can't tell from here. If you think there was ome sort of insurance covertage you would have to ask the credit card company. Two problems with putting the CD in your daughter's name - one she can then spend it or do what she wants with it, two, if you transfer assets knowing you have creditors that can be considered fraud which makes the situation worse. I would find out as much about the debts first.
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Customer: replied 8 years ago.

OK - will write to them with a copy of death cert.

 

Will definitely have to check -

 

Thank You so much for your advice!

 

Wish me luck!!

 

Thank You

Beth

 

 

 

Expert:  ctlawyer replied 8 years ago.
ok - thanks and best of luck

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