Legal Question in Credit and Debt Law in Wisconsin
credit card liability
In wisconsin, if a spouse incurs credit card debt or credit accounts in his or her name only (other spouse did not sign), then debtor spouse dies, is surviving spouse liable to pay those debts? Note; debtors estate is worth less than $600,000.
1 Answer from Attorneys
Re: credit card liability
Most credit card companies are well versed in WI's
marital property law. Consequently, even if credit
is granted to only one spouse, it is usually done
"in the interest of the marriage." Each spouse would
then be responsible for 1/2 of the debt, with the
decedent's estate responsible for her 1/2. As to
whether the creditor can get anything out of the
decedent's estate, it will depent on how the decedent's
property was held. If it was all survivorship
Marital Property with her spouse, it may pass
directly to him, not subject to creditor's claims.
However, if there is any marital property that is
not "survivorship" property, or any other individual
property of the decedent, such creditors could file
claims against the estate and recover.
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