Legal Question in Credit and Debt Law in New Jersey

Spouse's Death and Credit Card Debt

If a spouse dies with Credit Card debt in his name only and there is no probate, no estate. Can a bank come after and place a lein on the home that was in both names?? Can they get a judgement against a dead person if there was no probate? This is what is being threatened by the lender. Not even a lawyer, the estate collections deptartment at the credit card company. Should I have the deed flipped to my name only even though it reverts to the surviving spouse (me)? Thank you.


Asked on 2/08/08, 4:12 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Spouse's Death and Credit Card Debt

You should have a lawyer close to you look at the existing deed. Under most (but not all) circumstances, when one spouse dies, his or her interest in the (NJ) maritial home automatically passes to the surviving spouse. Nothing needs to be done to make that happen - it is automatic. Your lawyer can look at the deed and tell whether this is the case for your house. Assuming that you have title to the house, a lien cannot attach to your deceased spouse's interest because there is no interest.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/08/08, 5:22 pm


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