Legal Question in Credit and Debt Law in New York

Inheriting credit card liability from deceased spouse

I was wondering what the new york law was on inheriting a deceased spouse's credit card debt. Say one spouse has a credit card in her name only with substantial debt, then dies. Does the living spouse have any liability for the remaining debt? If possible, what is the authority on this matter.

thank you very much


Asked on 1/21/05, 1:46 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Inheriting credit card liability from deceased spouse

My condolences on your loss.

With regards to your question, you have no personal duty to pay it and it cannot be collected from you. You do not owe the money.

But the money can be taken from his estate.

Good Luck, Andrew Nitzberg

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Answered on 1/23/05, 9:03 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Inheriting credit card liability from deceased spouse

THe surviving spouse is not liable for the unpaid obligations of the deceased spouse. IF there is an estate (the deceased leaves assets and a proceeding is commenced to dispose of the assets pursuant to State law (if no will) or through the provisions of a will that has been probated, then crditors would receive notice and have an opportunity to file claims against the estate. But the assets of the surviving spouse cannot be included...

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Answered on 1/24/05, 10:38 am


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