Legal Question in Credit and Debt Law in Massachusetts

Re: death

First, please accept my condolences regarding your husband's death.

The credit card debt becomes a debt of his estate.

You should refer it to the attorney who will be probating his estate.

Re: death

I, too, am very sorry about your loss.

The answer to your question can be slightly complicated.

Generally, the debt of your husband will be considered a debt of his estate, when probated.

Under certain circumstances, the credit card debt may be attributable to you. For example, if you were a co-signer on the credit card, or had a credit card issued to you during his life.

Further complicating things, the credit card companies must either present the debt to the executor/administrator of the estate within one year of the death of the debtor. If there is no formal probate administration taking place, creditors may commence probate administration on their own behalf - again, within one year.

After one year from death, creditors are barred from collection.

If you have been charged with the administration of your husband's estate (either as executrix under his will, or as administrator if he died without a will), you should speak with your attorney.

If you do not have an attorney, please feel free to contact me.

Re: death

Generally speaking, no, depending upon the nature of the purchases ( ie; necessities)