Legal Question in Credit and Debt Law in Massachusetts
credit cards and death
My mother just passed away in Massachusetts. She had credit cards in just her name. Is my father legally responsible? If so, will the credit card companies lower the monthly payment to make it easier for him to pay back?
3 Answers from Attorneys
Re: credit cards and death
Please accept my sincere condolences for your loss.
The balance due would become a debt of your Mother's estate, unless she had a CREDIT CARD INSURANCE POLICY TO PAY IT OFF.
Your father could be held responsible for any items she charged that could be shown to have been "necessaries of life" for which a spouse might be liable, but it is unlikely.
Retain an attorney to probate her estate and let that attorney deal with the creditors. Good Luck!
Re: credit cards and death
I am sorry to hear of your loss. Contracts made by a married woman relative to her separate property, trade, business, labor or services shall not bind her husband or render him or his property liable therefor; but she and her separate property shall be liable on such contracts in the same manner as if she were sole.
Re: credit cards and death
Usually the debt disappears with her death.
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