Legal Question in Credit and Debt Law in Michigan

Hi, If possible could you please answer the following legal question:

Facts: In Michigan, a man dies with an outstanding credit card (American Express) obligation in the amount of $15,000. This man died on October 22, 2010. His wife was not on this credit card account, and she did not sign or otherwise guarantee the account. In addition, the man had a $75,000 life insurance policy which named his wife as the sole beneficiary.

Question: Is his legally married wife responsible for the $15,000 debt? If she is not liable for the debt, then is the man's estate responsible or otherwise liable? Also, is the $75,000 life insurance proceeds considered to be part of the man's estate, even though the wife is the beneficiary on the life insurance policy?

Please respond to my email: [email protected]

thank you very much.


Asked on 11/29/10, 6:34 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Your questions are good ones. The debt is the responsibility of the estate only if there are estate assets. Estate assets are any assets in the deceased's name only. Ie- without a co-owner or beneficiary. The spouse is not required to pay this debt personally and the life insurance is not an estate asset, because it goes directly to her by contract.

Debt collectors are very tricky and often try to force payment by questionable means. Contact a lawyer, such as myself, to get the real deal before dealing with these kinds of situations. Kliszlaw.com. Tim Klisz

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Answered on 12/05/10, 6:47 am


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