Legal Question in Wills and Trusts in Texas
Unsecured Debt @ death
Spouse passes and you find credit cards in his name with balances of 30k. Billing statements are being mailed to his office. Your name is not on the account and you have never used the cards. Do you have to pay for these charges that were made in secret by your spouse for illegal activities? Also, an additional 10k loan was taken out against our home without my knowledge. What can I do?
Asked on 3/28/05, 12:02 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Unsecured Debt @ death
Unfortunately, those credit card debts are community debts. They will have to be paid out of the proceeds of his estate.
Unless you also signed the loan papers, you may be able to avoid the loan on your home unless the house was his separate property before your marriage.
Answered on 3/28/05, 12:22 pm