Legal Question in Wills and Trusts in New Jersey

Re: Credit card bills on deceased wife

Sorry for your loss.

Your wife's separate credit card debts become debts of her estate and you, as the exectutor, must pay them if money remains in the estate after the priority debts (funeral, last illness, etc.) are paid. Be aware of the possibility that many of your wife's assets may actually pass to you outside of probate and are not counted in the estate. That would happen in the case of life insurance paid to a specific beneficiary, your house, some joint accounts, and others. So, there may be less money in the estate than it would first appear. Some creditors may be disappointed.

With certain exceptions, you are not obligated to pay your wife's separate debts from your separate assets.

If you have any questions about what needs to be paid and what can be left unpaid, contact a lawyer for specific advice.

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

Re: Credit card bills on deceased wife

I agree with Jon, but add that if there are insufficient funds to pay the bills he mentions and the credit cards, there is still an obligation to pay as much as you can. I have found that by providing the credit card companies with some simple accounting they will settle the accounts, sometimes less than 50 cents on a dollar, and, of course, pro rata to all claims. Of course, if there are sufficient assets, my point is moot. If you need more help, contact me directly.

Re: Credit card bills on deceased wife

The credit card bills are debts of your wife's estate. Under NJ law, you have an obligation as her executor to pay these estate debts from the assets in her estate. If there are insufficient assets to pay funeral expenses and estate administration costs, you should file an estate insolvency action.