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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29966
Experience:  Taxes, Immigration, Labor Relations
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My wife died leaving a credit card debt. Can they put a lien

Customer Question

My wife died leaving a credit card debt. Can they put a lien on our home
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ky
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Tax
Expert:  Lev replied 1 month ago.

Sorry for your loss...

The issue is that all debt of the deceased is transferred to the estate.

So the estate of your wife will be responsible for that debt.

Expert:  Lev replied 1 month ago.

Potentially - the creditor may put a lien on the property - but that is not so simple because a credit card debt is unsecured debt.

In order to put a lien - the credit will need to sue the estate and obtain a judgement - only after that the y may register a lien on a real property.

That is very rare because it might be costly for the creditor to take that issue to the court.

Most likely - they will agree to cancel that debt because of death.

I suggest to communicate to the credit car company informing them of the death.