Legal Question in Credit and Debt Law in Wisconsin
My father recently passed away and left a huge amount of credit card debt. The cards are in his name only. Would my mother be responsible for this debt?
1 Answer from Attorneys
If your parents are married and have not opted out of the WI Marital Property Act, your father's creditors may have the right to go after any marital assets in order to satisfy his credit card debt. Your mother, however, might also be able to easily discharge all of these debts in a quick and simple bankruptcy proceeding for not too much more than a thousand dollars (depending upon the size of their estate--things could be more complex if they are wealthy). You therefore owe it to your mother to assist her in setting up an appointment with an experienced bankruptcy lawyer so that she can explore her options. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.