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If spouse dies and has cc debt is the other spouse liable?


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Quick question for any attorneys out there or those in the know.

If a husband dies and has credit card debt in only his name, is the spouse liable because they are married or is she not liable because the credit cards were only in the busbands name?

Any info would be greatly appreciated.

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Unless they live in a community property state, the surviving spouse is NOT liable for those debts. However, if the deceased leaves an estate with assets, then the debts must be paid out of the estate thru probate. If the surviving spouse is the executor of the estate, then he/she would have to pay the bills.

If there is no estate, or the estate is insolvent, the creditors get ZERO.

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I strongly suggest you speak to a probate attorney on this. My father-in-law survives his wife and all of his wife's debts are uncollectable against him. His lawyer was able to shield all assets from creditors by some means....and boy they *did* try to collect.

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