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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38800
Experience:  Retired (mostly)
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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: 8 years ago.
Category: Legal
Expert:  socrateaser replied 8 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).



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