Legal Question in Wills and Trusts in Michigan

Responsibility for repayment of deceased spouses credit card debt

My dad died last December owing money to several credit card companies. Although he was the sole user and my mom never signed as co-applicant on these accounts, he may have listed her as an authorized user. Since it was always customary that my dad handle the finances, some of the accounts my mom didn't even know existed until after his death. These creditors are demanding payment and at age 78 living on a fixed income via SSI and my dads adjusted pension, it is impossible for her to meet these demands. There is no estate and only enough life insurance to pay for his funeral- not even enough left for a headstone, unfortunately. The only marital asset is their home, which my mom and disabled brother still reside in. It is paid for and the taxes current. Our dilemna is that my mom needs to relocate because of progressive health issues regarding her mobility, and the family home was designed with stairs that are unavoidable when entering or leaving. Soon she will not be able to negotiate them at all. She would like to sell the house but was told that the creditors can place a lein on it to either prevent the sale or obtain the proceeds to satisfy the debt. Any advice you could give would be greatly appreciated.


Asked on 10/02/06, 2:28 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Responsibility for repayment of deceased spouses credit card debt

Creditors cannot place a lien on the property unless they sue your mother and get a judgment against her. If, in fact, she is only an authorized user, she should not be responsible for your father's credit card debts. The credit card company would have to prove that your mother used the credit card and exactly which charges she incurred in order to prevail if they sued your mother. Creditors and collection agencies often lie in cases like this in order to coerce payment. If there is a probate estate, your father's probate estate would be responsible for paying his debts. Since you say there is nothing left for creditors, the creditors probably have no recourse.

You can contact me at 248.679.1552 for additional assistance with creditor problems.

Good luck.

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Answered on 10/02/06, 8:09 am


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