Do I have to pay my deceased husband’s credit card bills?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to pay my deceased husband’s credit card bills?

Asked on July 4, 2015 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a surviving spouse is not obligated to pay the bills of a deceased spouse. However, there are exceptions. The first has to do with the state in which you live. In community property states, you would typically bear responsibility for such a debt. The second exception has to do with whether or not you signed or in some way agreed to be legally bound for repayments on the debt. The finl exception falls under something called the "doctrine of necessities". According to the doctrine, one spouse is liable for the "necessary" expenses incurred by the other spouse during their marriage. therefore, depending on the items charged on the card (i.e. were they necessary expenses for the maintenance of the household or medical bills), a you could bear liability for such debts.

At this point, you should consult directly with an attorney in your area.

Note: if you are not liable for your husband's credit card debt, his estate would still be liable for repayment. Therefore, indirectly you could be affected financially.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption