My husband of 36 years recently passed away. He left behind some credit cards with balances. I am not on any of the credit cards. My husband had been taken care of me for the past 15 years of our marriage. I do not have a job, nor do i have any income coming in. I attempted to draw social security off my husband after he passed, only be told that the age requirement had been raised to 60. I am 59 years old.
Generally, a spouse is not responsible for the independent debt of a deceased spouse. However, it is safest to consult with a local debt counseling attorney to confirm your rights and responsibilities.
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I am going to assume your husband did not leave any property that would need to pass through probate. If he did leave assets subject to probate, this would be something for the probate court to address. No probate, the creditor usually cannot collect from the spouse unless the debt was for medical expenses and other necessities of life. I suggest writing DECEASED, RTS on the credit card statements to let the creditors know not to continue to send bills. Hope this perspective helps!
Tony and Dorothy are correct. If you were never on the accounts, you personally don't owe them. Do ont under any circumstances let them bully or guilt you into making payment are this could be used to support a claim that you took responsibility for the debts.
They cannot force you to pay these debts if they were in his name only. They could seek payment from a probate estate if one was opened but that would be from assets of your deceased husband. Do not pay them out of your own pocket.
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