Legal Question in Wills and Trusts in Virginia

Spousal Death, No Estate, No Assets

If a spouse dies w/no will, no property assets, leaves surviving spouse as beneficiary of life insurance, 401K, etc. and has credit card debt in their name only, who is responsible for paying the debt?


Asked on 10/15/07, 11:48 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Spousal Death, No Estate, No Assets

If the surviving spouse made no charges on the card and the charges incurred where not for the so called "necessaries of life", e.g. food, shelter, medical care, etc.,

then the balance owed on the card would need to be paid from the assets in the decedent spouse's estate(whatever they may be, if any).

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Answered on 10/15/07, 12:27 pm


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