Legal Question in Credit and Debt Law in New York
responsibility of spouse of deceased credit card holder
Is a wife responsible for credit card debt of spouse if she is not the primary card holder? Husband left no estate and her only income is a small pension and social security.
2 Answers from Attorneys
Re: responsibility of spouse of deceased credit card holder
The estate is liable for the debts, which have to be paid prior to any distribution to the heirs.
Daniel Clement
Re: responsibility of spouse of deceased credit card holder
If she was listed as an authorized user she IS LIABLE as well as the estate of the deceased. Since no amount was set forth it may be that the Credit Card company will not pursue the claim if the amount is small. It is not easy to collect funds from a widow without employment income. Certain funds are exempt from judgment enforcement. I would call the credit card company, explain the circumstances and make a deal...they would probably settle for a fraction of the amount due..though INITIALLY they would resist. KEEP AT IT and they'll fold...all they want is as much money as they can get easily. Note they have to pay up to 40% to a collection agency if they pursue the claim through those channels...
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