Legal Question in Credit and Debt Law in North Carolina

credit card of deceased spouse

My mother has been making regular monthly payments on a credit card that is in my deceased father's name. The account is closed with no additional intrest accruing. The company has recently contacted my mom and threatened legal action if she did not pay off the balance immediately and that her monthly payments were not acceptable. Is she required to even make payments on this card? Her name is nowhere on this account. Can this company take action against my mom?


Asked on 3/18/06, 2:29 am

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: credit card of deceased spouse

If the card is indeed in deceased spouse's name only, no. The credit card company could try to recover from his estate, but if there is nothing there they get nothing. The statute of limitation has also likely expired as to any claims against his estate, if the proper notices to creditors were published and so forth.

Her home even has a $37,500 equity exemption even for debts in her name if she is over 65 and the house was jointly owned with her husband. They can't attach her retirement or Social Security check, either.

Read more
Answered on 3/19/06, 2:29 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina