Legal Question in Wills and Trusts in Georgia
Spouse Liability for Credit Debt after Death
My husband passed away last year, leaving a large amount of debt, which was in his name only. In my grief and struggle to make ends meet, I had to charge a couple of items to one or two of his accounts,on which I was an authorized user, but were solely in his name. In the months after his death, I continued to make payments on his accounts and did not notify his creditors until a year after his death, at which time all accounts were closed. I have just recently probated his will. I am trying to determine what debts I am responsible for and if I try to sell my home will his creditors be able to take a portion of the proceeds. I believe that we had a ''joint tenancy'' clause in our original mortgage.
2 Answers from Attorneys
Re: Spouse Liability for Credit Debt after Death
If the real estate was a joint tenancy, it automatically passed to you upon his death and never became part of his estate. Normally, an authorized user of a credit card is only liable for what he/she charged, not the whole account. But, a potential problem here is that you used the card after he was dead. This meant that the card was really no longer valid because he was no longer personally liable for future charges. So, a creditor could try to claim that by using his card after his death, you assumed responsibility for it. This may or may not work, but, at a minimum, they can hold you for what you charged. The thing you most have to be concerned about is if they accuse you of the unauthorized use of an invalid credit card. His authorization legally ended with his death. If the house is now outright yours, creditors can no longer reach it for his sole debts, except to the extent their are liens against it from before his death (such as mortgages, mechanics liens, etc.). Depending on the debts of his you paid, you might not have been required to. It is unfortunate that you didn't contact a lawyer before you paid them, or you might have saved some money.
If the credit card companies start playing hard ball with you, you will need to be careful of what you say and contact a lawyer immediately. You can contact me at [email protected]
Re: Spouse Liability for Credit Debt after Death
Please have an attorney review the documents involved. Especially the deed. He or she would have to make sure that what you believe is "joint tenancy" is really "joint tenancy with right of survivorship." There are some other considerations regarding the debts.
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.
