Legal Question in Credit and Debt Law in Texas
Who is responsible for payment upon death?
My father has run up a significant amount of debt (credit/car loans). He & my mother have been married 17 years. Her name is not on any of these cards and she is not a signer/authorized user. Should he die, would she be responsible for his debt?
2 Answers from Attorneys
Re: Who is responsible for payment upon death?
Unless there is an agreement in writing with the creditors, stating that they will only look to your father's credit, both your father and your mother are jointly and severally responsible for the community property debt. Such agreements are unusual, and it's highly unlikely that one exists in your parents' circumstances. If your father dies, your mother will be liable for the debts he's run up.
Re: Who is responsible for payment upon death?
The advice that you got from the first lawyer that you got is correct. However, if I were you I would have your father file a chapter 7 and rid himself of the debts (if he qualifies). After a CH 7 in Texas these debts usually dry up and go away even if they can go after your mother under a community property theory. Any claims against your mother would need to be asserted within 4 years of the default (usually 30 days after they are due, and thus the bankruptcy should give your mother good cover. If you are in Austin or SAn antonio please call me at 512 392 5010
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