Legal Question in Credit and Debt Law in Massachusetts

Deceased's credit card debt-Who pays?

My sister recently passed away. She had a credit card in her name only and had a substantial amout of debt owed on it. She was married at the time of her death, howerever he was not on the card. Is he responsible for the debt?

The way their deed on the house was written we have been told it cannot be used by the credit companies to recoup money b/c it is now his only. He did not receive any ins money or retirement, etc...

Not sure if that's enough info to give an accurate answer?

Thanks for your help.


Asked on 6/29/08, 9:33 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Deceased's credit card debt-Who pays?

I am sorry for your recent loss.

Generally, the credit card debt should be treated as a debt of your sister's estate, not a debt of her husband.

I would suggest the following:

1. Have the husband check his credit report to see whether the debt has ever been reported to him;

2. Send a copy of the death certificate to the credit card company explaining the situation;

3. If they continue to bother you, see an attorney in your area. You probably want to see an attorney anyway to help the executor/administrator tie up your sister's estate properly.

Please feel free to contact me should you have any further questions.

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Answered on 6/30/08, 9:27 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Deceased's credit card debt-Who pays?

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.

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Answered on 7/16/08, 11:06 pm


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