Legal Question in Wills and Trusts in Illinois

The surviving spouse is not responsible to pay the debts from his or her own assets, but would need to pay before receiving any distribution from the decedent's estate should there be any assets solely in the deceased spouse's name. Sometimes, bank accounts, vehicle titles and other assets are titled solely in the name of one spouse, which could lead to sources for satisfaction of debt. Assets for which a beneficiary could have been named, but for which a beneficiary or contingent beneficiary was not named, may also come into an estate. You should consult with an attorney to review issues like those mentioned.

Please note, if creditors or collection agencies are misleading or harassing you regarding these debts, you may have a claim against the creditor or collection agency. In that regard, please feel free to e-mail me and I will guide you to someone that can advise you.

No. Unless there was a joint account, you signed as a guarantor, or you used the card after your spouse's death, you should not have pay the balances on the cards.

If it is true, you can tell the credit card company that the cardholder is deceased and left no estate from which collection can be levied, and you should request that no more phone calls be made to you. If your spouse did leave an estate subject to probate, the credit card debt will have to be addressed in that proceeding. The less you engage in discussion with the creditor the better.