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I live in Missouri and my husband passed away. He had credit card debt in his name and when I called the credit card companies to tell him that he had passed away they said I was not responsible for the bills. Well a week later I was getting calls from Estate Recoveries wanting payment. I can't afford to pay the whole amount or make payments. They said what ever I don't pay the credit card copies will send a 1099C, which I will have to report as income on my taxes. Is this true? I don't know what to do.

Submitted: 59 days and 23 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION
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Posted by TMcJD 59 days and 23 hours ago.

Answer

They were correct that you do not have to pay assuming that you did not co-sign or guarantee the agreement with the credit card company (only being an authorized user of his cards doesn't count -- you would actually have to be a co-signer, co-borrower, guarantor or co-owner of the card account).

If that's true, they can only reach assets of his probate estate to satisfy the debt. Your home is likely not part of his estate because it likely passed to you by operation of law upon his death, i.e. it was titled in both your names as joint tenants with survivorship rights. Your joint bank accounts and similar assets would be the same. Any life insurance or investment/retirement accounts would also pass to you outside probate assuming you were the designated beneficiary.

so, unless there is money or assets in his probate estate, you don't need to pay the debt. Any amount forgiven could conceivable be considered income to his estate (but not to you) and you would simply need to file a tax return for his estate and his estate would be liable for any income tax. If you do get a 1099, speak to an accountant and/or attorney regarding all of the above and they can help file the appropriate returns and any other necessary administrative work.

Posted by TMcJD 59 days and 23 hours ago.

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Posted by TMcJD 59 days and 13 hours ago.

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Expert: TMcJD
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/24/2009

Attorney

Magna Cum Laude; law review; litigation, probate, estate & business planning, and asset protection

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