Legal Question in Civil Litigation in Michigan

Liable

Is a spouse responsible for the deceased spouse's bills from credit cards when there were no charges put on the card by the surviving spouse?


Asked on 8/01/01, 8:55 pm

2 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: Liable

Hello: I have received your e-mail. Dealing with spousal debts is one of the areas of concentration for my firm, although it normally arises out of divorce matters. The answer you are seeking depends on the facts. You, in your pesonal standing, are resonsible for the credit card use by your spouse if your name is on the credit card. You are responsible in your position as a personal representative to collect the assets of your wife's estate and to pay her debts. If we can assist you in this matter, please let us know. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 8/06/01, 12:55 am
Regina Mullen Legal Data Services, PLC

Re: Liable

Hmm. That's a close one.

If you were on the verge of a divorce, I could safely bet the answer to be "no," but if you weren't then you will have a hard time explaining why you shouldn't be liable if the account was in both of your names.

Try to negotiate with the credit card company, however, --there should be some discretion, provided it wasn't something like a fur coat that you're still wearing. There may also be an insurance provision as part of the policy!

Generally, if the debts were incurred through a card registered in both names, you're liable regardless of who made the debt.

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Answered on 8/02/01, 6:08 pm


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