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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2625
Experience:  Helping you with your legal questions.
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My husband died and left me with 15000 in credit card debt

Customer Question

my husband died and left me with 15000 in credit card debt his name is ***** ***** house only credit card company will send debt to a collection company do I have to pay???since I did not sign anything all his doing???can I negotiate the amount and them wipe it out??? my name is ***** ***** the cards. thanks mary we did have a will and the house goes to me again his name is ***** ***** the deed.... where do I stand????help.....
Submitted: 2 years ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 years ago.
Hello. Let me see if I can help you. If your husband had credit card debt and your name was not on it, the credit card company would have to make a claim against his estate for payment. If your husband had separate assets subject an estate administration, then those assets would be used to pay the credit card. If not, then the credit card company would have to attempt to attach jointly held assets. Usually this does not occur because the long drawn out process. In most cases a spouse is not responsible to pay credit card debt of the other spouse unless the credit card company can prove that the purposes were for the benefit of the marriage, which is a burden. So, you would not have to pay and it would not affect your credit rating unless the credit card company first files a claim against the estate then later proves that you would owe the debt, which is a long drawn out process.