Legal Question in Credit and Debt Law in Virginia
estate problem
My husband died recently leaving a will with me as beneficiary. He owed 10,000 on one credit card and 9500 on another one. We have no estate except our house which has my name on it too. The card companies are telling me they will put a lein on my house so that if I ever sell it I will have to pay the cards first. I have no intention of selling. I live in Virginia. Is this true?
1 Answer from Attorneys
Re: estate problem
Unless you are jointly responsible for these credit card accounts, they cannot obtain a judgment against you for these unpaid balances and place a lien against your property.
Your husband's estate has responsibilty for these charges and the assets (if any) of the estate should be used to pay them. If there are no assets from the estate to pay them, then they won't get paid (which again assumes that you have no joint responsibilty for these accounts or that your husband's indebtedness on these cards was not incurred for expenses associated with the so-called "necessaries of life").
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