Legal Question in Credit and Debt Law in Wisconsin

Credit Card

My father recently passed away. He had some credit card debt. Now on two of his cards my mom's name is not on them. Is she responsible to pay them off? I know Wisconsin has the shared marriage property law, whatever it is actually called. Which if I am reading the info right says she is responisble. Is that true? The one credit card company is offering a deal if we pay immediately. Not sure if they are for real, sounds like it from the info I have found. Just really want to know if she is responsible for the debt my father has accumulated over the years on the credit cards that were in his name only? Thank you for any help you may be.


Asked on 8/13/07, 8:05 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Marital Property--Creditors of Deceased Spouse Pursuing Surviving Spouse for Credit Card Debt

All debt incurred in WI by WI residents is presumed to be marital debt unless the couple has opted out of the marital property law and served the creditor with a copy of the "opt out" document prior to incurring the debt. Creditors can sue and collect from the surviving spouse for such debts, although some defenses are available. Your mother should therefore speak with a qualified bankruptcy lawyer as soon as possible, even if a full bankruptcy is not desired. Negotiating under a credible threat of bankruptcy is often an effective tool for reducing such debt.

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Answered on 8/13/07, 8:14 pm


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