Legal Question in Wills and Trusts in Massachusetts
Hello,
Here is my question:
If a person passed away, say a wife/mother for example, would the spouse or children be responsible for paying the card card debt off if the card is in the wife/mothers name only? Your reply would be appreciated. Thank you. Linda
2 Answers from Attorneys
Unless the Spouse or the children are signatories to the credit card application or otherwise guaranteed the card or used the card, then the only person responsible is the estate of the deceased. If the wife/mother died with no assets, then there is nothing with which to pay the credit card companies.
You may want to open an estate for the deceased and indicate that there are no assets to pay debts.
The answer to your question is generally no. Except for certain circumstances, the person who incurred the debt is responsible. If the person is deceased, they his or her estate is responsible for the debt. Surviving family and friends generallly cannot be pursued for recovery of the debt.
As usual, the specific facts of your situation determine the legal rights and obligations of the parties. Check with a local attorney.
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