Legal Question in Family Law in Maryland
Deceased spouses' debts
My Uncle is concerned that he will be responsible for the massive credit card debt, that his wife has recently built up, upon her death. She is sickly at the moment and he believes that she will pass before he does. One important side note: approx. 3 years ago my Uncle took out a loan to pay down all of their previous credit card debt. Which they recently finished doing. He is now concerned that the new debt, that he has had no part in generating, will become his responsibility upon her death. Please advise.
1 Answer from Attorneys
Re: Deceased spouses' debts
If your uncle isn't a signatory on the credit card account and hasn't used the account himself, he can't be held personally responsible. If your aunt dies, her estate, if she has one, would be subject to a claim being filed against it by the credit card company. But any property owned in joint names by your aunt and uncle automatically becomes his upon her death and doesn't go into her estate.