Legal Question in Credit and Debt Law in Wisconsin
Is a wife responsible for her deceased husband's credit card in the state of WI or GA?
1 Answer from Attorneys
While I am not experienced in the law of Georgia, I have practiced law in WI for 32 years and can advise that spouses who do not properly protect themselves can indeed often be held liable for the obligations of their deceased spouses. The marital property act in this state converted WI into a community property state which, generally speaking, makes the assets of one spouse subject to seizure by the creditors of the other spouse, whether they are dead or alive, so long as the debt was incurred during the marriage and in the interest of the family unit. Bankruptcy filings, however, can relatively easily eliminate such obligations, as can properly processed probate court proceedings to resolve the estate of the deceased spouse. Other legal defenses can also sometimes be available, so you certainly owe it to yourself to have a discussion with an experienced bankruptcy attorney as soon as possible if you are having problems of this type. My answers here are not intended to create an attorney client relationship between us. They are instead offered only for public educational purposes. You should therefore hire your own private attorney if you need legal representation in this matter. You are also welcome to contact my office in Racine if you have further questions.