Legal Question in Credit and Debt Law in California

I live in California , my husband passed away tow month ago and he had only one credit card in his name only . I was not an authorized user on the card. The credit card has called me to ask me who was handling his estate and I said it was me , so now thru a collection agency they are trying to collect the full amount ($2500.)We owned a home not fully paid off but I can't make the payment right now , I have no income of any kind. they offer me to settle for $1700. they also ask me if I had a different amount in mind they can provably work with me. I do not have the money , how responsible am I? can they put this debt in my credit report? can they have me sell my house for that amount?also my husband owe the Social Security about $4500 because he retired early and was working , so he was overpaid. What happens with that debt? thank you.


Asked on 5/29/11, 12:19 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Both of your husband's debts could become your problem because of the equity in your house. When you say it is not fully paid off, I assume you mean that you have some equity in the house. You need to consult with an attorney in your area. You may have options, including potentially a reverse mortgage to pay the debts and get rid of your mortgage. To do so, however, you must have equity. If you have no equity in your house, and you are going to walk away, then the credit card company and Social Security Administration are stuck trying to collect from assets in your husband's estate, which aside from the house are probably nothing. You really need to consult with a probate attorney about this matter.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 6/02/11, 3:30 pm


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