Legal Question in Elder Law in Illinois

Am I legally responsible to pay my deceased husbands credit card? I notified my husbands credit card company that he died and they led me to believe I wasnn't responsible during our first conversation.

Then I recieved a second phone call from their legal depart and they offered me no interest and reduced the balance by 3000.00. A letter was sent to me from their legal depart stating "There is no personal lliability to you associated with any balance owed on this acctount from your personel assets or jointly owned assets" but they alos have a comment saying" we are writing you this letter to you because we believe you to be the person responsible for accepting estate claims, paying any outstanding bills for

Charles Roth out ot assests of the estate" My husband and I do not own a business but we owned our home and have a small 401K. I am the sole owner of our property and car.I'm curious if they aren't being up front regarding my rights or obligations


Asked on 5/23/12, 8:35 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

They are telling you the truth. If your husband left a Will you need to file it with the court in your area and open a probate estate. Notice will then be sent to the creditor and whether they get paid or not will depend on whether they file a claim in the case and the Judge determines that your husband had any separate non-marital assets that could be used to pay the claims. Consult an attorney in your area for the proper procedures.

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Answered on 5/23/12, 9:29 pm


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