Legal Question in Credit and Debt Law in North Carolina

It depends on the answers to questions which you do not address. The rule in NC is that one spouse is not ordinarily liable for the credit card debts of the other spouse. There are exceptions - if the credit card application was by both husband and wife, or if the wife agreed to be a co-signer or if the wife either actually used the card and did not pay or somehow agreed to pay in writing or became responsible (with simple estates, where all assets are left to the surviving spouse, the survivor usually is responsible for paying the debts).

When one spouse dies, as here, the debts that are owed become part of the dead person's estate and would be paid via probate. This assumes that an estate was probated and that there are sufficient assets in the state to pay this claim. If there are not enough assets in the probate estate or not enough assets to even justify probate then there is simply no way to pay.

What assets, if any, were owned by you and your spouse at the time of his death? How were the assets titled? Things like life insurance or IRAs/retirement are beneficiary designated, i.e., non-probate assets in most cases. I am more interested in probate assets like land that was only titled in your husband's name, money in the bank, cars or other assets. The answers may also helop you decide if you need to probate an estate or not.

In the event that you do have to probate an estate, then you need to discuss these debts with the estate attorney.

If there are no probate assets and no estate was ever probated, I recommend sending the credit card or collector a letter explaining that your husband died (include a copy of the death certificate), and indicate whether an estate was opened and who is the executor (give a copy of the order appointing you as executor if that is you) or explain why there was no probate or that there are no assets justifying probate (if this is true - don't lie if this is not the case). Tell them (if true) that you are not financially responsible for your husband's debts (ask for them to prove otherwise if they think you are financially responsible) and for them to simply close the account and cease any further collection efforts.

I can draft such a letter for a reasonable fee, however, I would need more details concerning this matter. Please contact me at [email protected] if interested.