Legal Question in Wills and Trusts in Virginia
debts of deceased spouse with no will
My father died last year, with no will. He lived in Virginia. He had a credit card in only his name. My disabled, chronically ill mother had received a warrant in debt at my home to appear in court, though she does not reside with me. They jointly own a home that is not paid for and she lives on a small pension. I have read that Virginia is not a community property state and question if she can be held personally responsible for this debt. Any recommendations of how to proceed?
1 Answer from Attorneys
Re: debts of deceased spouse with no will
Your question has merit. If your father's purchases on this credit card held only in his name did not involve what the law quite often refers to as the "necessaries of life", e.g., food, shelter, medical care, etc., then very likely your mother cannot be held responsible for this particular debt. (The foregoing assumes, of course, that your mother herself made no charges on this card, for whatever reason.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
