Legal Question in Credit and Debt Law in Florida
My wife has a credit card in her name only, we live in Florida and my question is if she dies can the credit card holder demand payment from me as he surviving spouse, or does the debt become void and written off? She also has two other separate cards from different holders and on these two I am listed as an authorized user but have never used either card so do these debts do the same as the first one in her name only or will I be held responsible for the repayment of these debts?
3 Answers from Attorneys
Her Estate would be responsible, not you.
You are not responsible for the card with only her name on it. They may try to get you to pay, but it is not your debt, and you don't have to. On the other two, if you are only an authorized user, then you are not responsible for the debts. However, if the credit card is in both of your names, then you are responsible for the balance of the cards.
If you did not sign a promissory note (not on the account, more than an authorized user), then you are not personally responsible for the debt. However, her estate would be responsible and would pay the remaining debt if there are remaining assets. There is an order by which debt gets paid (e.g., attorney fees and other costs related to administering any probate, funeral expenses, medical bills, and outstanding taxes all get paid before credit card debt).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
