Legal Question in Credit and Debt Law in Massachusetts
Credit card debt after spouse death
My wife died suddenly about a year ago. Before she died she co-signed a credit card loan for our son without my knowing about it. After she died, my son injured his back and has been unable to work. Without her income, I am unable to make the payments. The credit card compamy now says that they can put a lein on my house. There was no estate and had no individual assets. Can the credit card company put a lein on my house and or come after me?
2 Answers from Attorneys
Re: Credit card debt after spouse death
How is the house owned? If the house was owned by you and you wife with rights of survivorship and you do not have to probate the estate because there are no assets in teh estate, then they cannot attached anything. you are not liable to pay her debts. Unless there is probate property , the creditors are out of luck.
You should hire a lawyer to deal with the creditors and to make sure there are no valid claims against any property. You also need to take steps to clear up the title to the property because of your wife's death.
The is very simple and inexpensive.
Re: Credit card debt after spouse death
I'm sorry to hear of your loss. If you did not assent, whether orally or in writing, to repay your son's loan, you are not obligated to repay such obligation, subject to several minor exceptions.
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