Legal Question in Credit and Debt Law in Ohio

I live in Ohio and am married. I have terminal lung cancer and am putting my affairs in order. I have credit cards, in my name only. My wife is not on the account. Whan I die, can the credit card companies come after my wife for the amount I owe on the cards? Can they go after my estate?


Asked on 8/26/10, 10:50 am

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Any assets that you hold in your name alone would be subject to probate and as part of the probate process all of your debts such as your credit card bills will need to be paid.

Anything that passes outside of probate such as joint with right of survivorship property, payable on death accounts,life insurance or retirement accounts with valid beneficiary designations or transfer on death accounts will not be subject to probate and cannot be pursued by credit card companies.

You should speak to an attorney who can review the facts of your situation and assist you in making sure that your assets pass as you wish.

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Answered on 9/05/10, 11:41 am


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