Legal Question in Credit and Debt Law in Pennsylvania

If you are married and your spouse dies do you have to pay off the spouse's individual credit card accounts that do not bear your name.


Asked on 9/21/11, 5:18 am

1 Answer from Attorneys

Credit card debts, like other debts, would be the responsibility of the dead person's estate. I don't know what the person would own at the time of his/her death and if these would be probate or non-probate assets.

Assuming that there are probate assets, then after any family exemptions are paid, any credit cards would become a debt of the estate before the heirs get any other remaining property. If there is enough money in the estate, then everyone is paid from the estate funds. If there is not enough money in the estate, claims are paid in order of priority and credit cards are among the lowest category (funeral expenses, up to a certain amount, and medical expenses incurred within 6 months of death would get taken care of first).

If there are no probate assets, then if I were the surviving spouse, I would write to the credit card company, explain that the spouse is died (send a copy of the death certificate), explain that there are no assets justifying probate and that the survivor is not financially responsible for the dead spouse's debts.

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Answered on 9/21/11, 10:09 pm


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