Ask a Lawyer - Archive

My wife passed last month, do i have to pay all her credit debt? If yes, how soon?

I'm so sorry about your wife. While I'm responding to this particular question, another person asked whether her fiance will be responsible for her credit card debt if she dies after they're married. Many folks visiting the site ask about their liability for the credit card debts of their spouses - dead or alive, married or divorced. Here are the basics.

Generally a surviving spouse is not personally liable for any credit card opened only by the deceased spouse. Therefore, if the surviving spouse didn't sign anything, then the surviving spouse won't be on the hook. Nevertheless, the estate will be liable for the debts of the decedent which could affect the surviving spouse. There are certain protections from creditors (such as years support)which surviving spouses can take advantage of.

In the case of the woman seeking to protect her intended from her credit card debt, neither marrying him nor dying will transfer that debt to her husband.