Legal Question in Credit and Debt Law in Massachusetts
credit card debt of a deceased spouse
In Mass. is surviving spouse responsible for credit card debt of deceased spouse who was the only authorized user of the credit card?
3 Answers from Attorneys
Re: credit card debt of a deceased spouse
Generally speaking, pursuant to Massachusetts General Laws, Chapter 209, Section 9, one spouse shall not be liable for the debts of the other spouse, but a married woman shall be liable jointly with her husband for debts due, to the amount of one hundred dollars in each case, for necessaries furnished with her knowledge or consent to herself or her family, if she has property to the amount of two thousand dollars or more.
Re: credit card debt of a deceased spouse
Generally speaking, pursuant to Massachusetts General Laws, Chapter 209, Section 9, one spouse is not liable for the debts of the other spouse. Further, a married woman shall not be liable for her husband�s debts, nor shall her property be liable to be taken on an execution against him. But a married woman shall be liable jointly with her husband for debts due, to the amount of one hundred dollars in each case, for necessaries furnished with her knowledge or consent to herself or her family, if she has property to the amount of two thousand dollars or more.
Re: credit card debt of a deceased spouse
Generally, the answer is no.
Creditors have up to one year following the death of a debtor to present a claim to his/her estate.
If no estate is open or being administered, then creditors have the right to open administration of the estate in the probate court.
Please feel free to contact me today to schedule an appointment. I can evaluate your case and let you know whether anything might be done.
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