Legal Question in Wills and Trusts in Texas

Re: Probate Question / Credit Cards

If you did not sign the credit card application, and did not use the credit card, payment of the credit card bills is not your personal responsibility. However your husband's estate is responsible for payment of the credit card debt.

The good news is that unsecured creditors are at the bottom of the totem pole. The bad news is that if there are no other creditors they may have a claim to some assets. However some assets, such as a homestead, will be exempt from creditors claims. You need to have an experienced attorney assist you with this. Creditors come ahead of beneficiaries so you will need to resolve this issue before any assets of the estate are distributed.

The creditor has the option of opening an adminstration of your husband's estate if one has not already been opened. You need to hire an attorney to help you with this matter. To make sure that he can assist you with these debts,ask if they have experience with debts and insolvent estates.

Good Luck!