Legal Question in Credit and Debt Law in Virginia

Husbands death was 2/10/17. 2/17/17 I went to the court house to take his name off deed , real estate affidavit states: at the time of death was seized real property as owned with rights of survivorship (I am listed as spouse/joint owner), it was put in my name only.

DCM services sent me a letter because my husband owed a credit card and they are attempting to collect the balance from the assets of the Estate. The letter states they are not holding me personally responsible for the balance. Can they put a lien or anything like that against my home and land?


Asked on 3/28/17, 5:40 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

If the property was owned as tenants by the entireties, you received it free of any claims against him or his estate. If it was in his name only and it passed to you as his heir, and if there are insufficient other assets in his estate to pay the claim, then the property can be held liable for the debt. Otherwise, debts need to be paid from assets of the decedent's estate, which does not include real estate.

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Answered on 3/28/17, 5:59 am


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