Legal Question in Wills and Trusts in New Jersey

If the deceased spouse had assets in his/her sole name [not jointly owned] then the estate is liable for the credit card debt. That debt must be paid before estate assets are distributed to the surviving spouse.

You may be wise to have a lawyer help you handle this. The executor has to take steps to deal with the creditors, and it may be possible to handle it so that the credit cards do NOT have to be paid. That would leave more money for the spouse.

Call me and I will assist you.

Robert Davies, Attorney 201 820 3460

I agree with the other authors, but a critical fact is not presented. Who i8ncurred the credit card debt? If the surviving spouse had charge privileges on the spouses card and incurred the charges still unpaid, there might be liability even if there were no assets solely in the decedent's name.