Legal Question in Credit and Debt Law in Texas
surviving spouses liability for credit card debt
Facts: Dick and Jane are over 65, retired, and have their own credit card accounts in their own names. They marry and continue to have credit card accounts solely in their own names. Dick dies and Jane wants to know if she's liable for balances on Dick's credit cards.
Dick did not use his cards for family necessities nor make any purchases as Jane's agent. Altho both were signatories on checking and brokerage accounts held as joint tenats with the right of survivorship, this was simply to facilitate access to these accounts in the event of one of them dying; in fact, they handled the accounts as if they were the sole owner thereof (as they were prior to marriage).
In Texas, is Jane liable for Dick's remaining credit card debt?
2 Answers from Attorneys
Re: surviving spouses liability for credit card debt
Not unless they agreed WITH THE CREDIT CARD COMPANY to be liable. Even if they were authorized users of each other's accounts, that would not make them liable unless they agreed to be liable.
Re: surviving spouses liability for credit card debt
Jane is not liable because the credit card was issued solely on Dick's credit. Dick's estate will be liable to the extent his estate is able to cover the debt.
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