Legal Question in Wills and Trusts in Ohio
Death of spouse
Wife recently died leaving credit card debt in her name only. There is no plan to open an estate or execute a will as she had no personal property than our home. Our home is in both our names. There is a line of credit in both names, which I plan to pay. Can her credit card company come after the equity value in the home to recover their money since her name is on the deed?
2 Answers from Attorneys
Re: Death of spouse
You are not responsible for her debts, and you do not need to open an probate estate as long as the house is owned "joint and survivor". If so, you need to file an "affidavit of survivor" along with a copy of the death certificate.
Re: Death of spouse
I agree with Mr Weilbacher's answer but would add that you need to make sure that your deed has the language "joint with right of survivorship." Especially if you purchased your house prior to the 1980s. If it is not joint with right of survivorship you may want to hold off opening a probate estate until six months after your wife's death.
I would advise you to consult with a probate attorney to review your situation.
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