Legal Question in Wills and Trusts in Texas

Survivor responsibility to credit card debt

Mother died, leaving credit card debt father wasn't aware of (in Texas - community property state). 1) Is he responsible to pay these debts? 2) Can they put a lien on his home/property which was jointly owned? 3) Can they garnish his social security and retirement income? 4) Can they attach his bank account?


Asked on 10/17/07, 12:28 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: Survivor responsibility to credit card debt

If dad did not sign the credit card application, or use mom's credit card to purchase any thing, he is not responsible for any of the debt except to the extend the card was used to purchase necessaries (food, clothing, shelter, etc.)

To collect, they would have to file a claim with the executor of mom's estate.

They could only attempt to seize you father's propery if the debt was his.

Even if the debt was his, Texas has a long list of exempt property which can not be seized to satisfy a judgment. This list includes homestead, retirement accounts. It does not include bank accounts per se. If you are worried about his bank account being seized, I would create two bank accounts, one for his retirement income and the other for non-retirment income and would use the non-retirment account to pay bills so the balance was low.

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Answered on 10/17/07, 2:27 pm


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