Legal Question in Credit and Debt Law in Massachusetts

Re: Credit Cards

Generally speaking, the decedent's estate is responsible for the credit card debt, unless the debt was for necessities;)

Re: Credit Cards

First of all, there is always an estate. There might not be much money or no money at all, but there's always an estate. You will need to do a quick probate administration even if there's no money.

The credit card debt usually go away when the person dies. However, it depends on what the debt was spent on. If it was spent on the household and for the husband's enjoyment as well, the credit card companies may come after the husband for the debt.

Re: Credit Cards

It is likely that you will be able to avoid making any further payment to the credit card company. Of course, they are free to sue you to attempt to recover what is owed.

The law allows the credit card company to seek a claim against the estate of the deceased individual, or commence administration of probate if none has been.

There may be other considerations involved (for example, the nature of purchases made), and you are well-advised to consult with an attorney prior to negotiating with the credit card company.

Re: Credit Cards

First, please accept my condolences for your loss.

Since the credit card compan(ies) are entitled to bring suit against the estate of the decendent for any balances due, you would be wise to retain an attorney to file the proper administration of the estate that will foreclose the claims of creditors if there truly are no assets to pay those claims. Good Luck!