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Debt of deceased spouse


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I'm helping my sister-in-law whose husband died 1st of Apr. He had 2 credit cards she did not know about, in his name only. One company has contacted her w/questions like 'will the estate be probated' 'request probate info', etc. Well, the estate will not be probated (why, they own very little, house in her name, cars in her name, she was beneficiary on his small ira, etc), so no reason to probate.

Would it be OK to just answer 'no probate' send them death certificate & let it go at that? Can they collect from her, its not her debt & he is dead. They won't even tell her what the charges are for, so no way to know if this bill is correct, etc.

All suggestions/opinions/reference to other reading, etc. GREATLY APPRECIATED!

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I think it may just be possible for her to find out - get a copy of the death certificate. And a copy of her drivers license / marriage certificate. Forward these along with a letter to the CRAs requesting copy of his credit report so that his affairs can be put in order. This also lets the CRAs know the fact of the matter, in case down the line someone would try to steal his idenity for credit.

But they can get a copy of the credit report out to her, if she establishes well enough her relationship to him, and that fact that he has passed away.

I am not sure on you question, but thought to mention that part to help out. Best of wishes.

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I handled a few of these when my mother died. She had some cards in her name alone and I just called the card companies, asked where to send the certificate, told them there was no probate and my father was not to be contacted about these unless they had his signature on something. They gave the long song about "she always paid her bills and wouldn't she want us to pay them off". I told them I'd ask her when next I saw her" and until then this would be our last correspondance. Never heard from any of them again. Don't let them drag you into the emotional part of right or wrong-- unless its some huge amount they're not going to spend time and money and it should go away when they get the certificate.

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Wobbles.. Indiana IS NOT.. I repeat IS NOT a community property state.

The wife is NOT responsible for the husbands debts ..

She can be safe in sending them a copy of the death certificate, a C&D Letter then making sure all the CRA's know that the husband is deceased.

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wobbles, now that you have received help from the board...my condolences to you and your family on your loss :( .

Remember to update us and stay in touch...it's such a stressful time dealing with that stuff :rolleyes:

[Edit by vonniegirl on Friday, June 6, 2003 @ 02:31 PM]

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Thanks Vonniegirl, I appreciate your thoughts.

I found this board trying to help myself out of a mess, but now I've been lucky enough to help my poor sister-in-law too, I feel blessed to have this resource available. Thanks to everyone who responded.

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