How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37952
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My wife recently passed away and has a credit card bill in

Resolved Question:

My wife recently passed away and has a credit card bill in her name only and a student loan which she took out for our son and it has a balance on it and only her name is XXXXX XXXXX loan. Please advise me how to handle these two situations.
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

1. Student loans are forgiven at death. Your spouse's estate and you are off the hook.

 

2. To the extent that your spouse had separate property that she brought into marriage which was kept separate, that property is liable for her credit card debt.

 

To the extent that there is marital property -- commingled assets of both spouses, that property is subject to liability for the debt.

 

To the extent that the credit card was used to purchase "necessaries," i.e., assets or expenses that were used to maintain the marital standard of living, you could be held liable for that debt, provided the credit card issuer were to prove that the purchases were "necessaries" (which isn't likely, because credit card issuers and debt collectors generally want to get a default judgment, and if they can't, then they will probaly drop the suit because it's not cost effective -- but, you would have to fight such a suit if it were filed, so you're not necessarily off the hook here, either).

 

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and 6 other Legal Specialists are ready to help you