Legal Question in Wills and Trusts in Maryland

HUSBAND DIES, CREDIT CARD DEBT, WIFE'S NAME ON CREDIT CARDS, BUT WE OWN PROPERTY IN THE STATE OF MD. Can debtors place a lien on home


Asked on 2/03/13, 10:26 am

2 Answers from Attorneys

Paula McGill Attorney at Law

FIrst, does your husband's estate have assets to pay off the credit card debt? If so, you have to pay it off. Next, are you just a user on the credit card or a debtor? If you're a debtor on the credit card, the company will have to sue you, get a judgment, and then place liens on your assets. If you don't have assets to pay, see if you can negotiate the debt down to a lower amount.

You should consider taking the time and money to discuss the matter with a probate attorney who also practices in consumer law.

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Answered on 2/03/13, 10:39 am
Cedulie Laumann Arden Law Firm, LLC

The attorney's answer above pointed out some good preliminary questions. To add to that, please note that any debt in the deceased spouse's name alone should be resolved out of that person's estate (so the surviving spouse isn't responsible for individual debts). Maryland law has strict time frames for creditors to assert claims against an estate. An estate should be opened for the spouse who died and after proper notification the deceased person's creditors must either respond or lose the right to estate assets.

While I hope this general legal information helps, it shouldn't take the place of attorney advice on the specifics of your situation. You are encouraged to seek legal advice.

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Answered on 2/04/13, 6:39 am


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